6.1 Interim Applications

Why this topic sits in FLK1 Dispute Resolution

After a claim is issued and defended, most SQE1 items stop being about the cause of action and start being about what the newly qualified solicitor does next. The Solicitors Qualifying Examination specification for assessments from 1 September 2026 tests interim applications, the overriding objective, track allocation (including the intermediate track), directions on the fast, intermediate and multi-tracks, sanctions and relief, and costs and case management conferences. This OpenExamPrep chapter is independent study material covering those functioning-legal-knowledge topics. It is not an SRA or Kaplan resource.

Official sources to keep open while you revise: CPR Part 23, Part 24, Part 25, Part 1, Part 26, Part 28 and Part 3.

Quick answer: Almost every contested step between defence and trial is a Part 23 application decided against the overriding objective. Learn the tests (summary judgment, interim payment, injunction, relief from sanctions) and the four tracks, not a script of form numbers.

Procedure for making an application (CPR Part 23)

An application notice must be filed unless a rule or practice direction says otherwise or the court dispenses with one (CPR 23.3). It must say what order is sought and why. A copy is served as soon as practicable after filing and, unless the application is without notice, in time for the respondent to prepare — for ordinary on-notice interim applications that is at least three days before the hearing (see CPR 25.6(2) for interim injunctions; the same working rhythm applies to most Part 23 hearings).

Evidence is usually a witness statement, a statement of case, or the application notice itself, each carrying a statement of truth. An affidavit is used where a rule, practice direction, enactment or court order requires it (search orders and some contempt-related evidence are the classic examples). File a draft order in an editable electronic format whenever you can. The court may deal with an application without a hearing if the parties agree, a practice direction allows it, or the court does not consider a hearing appropriate (CPR 23.8).

Without notice is exceptional. CPR 25.3 allows an interim remedy without notice only if there are good reasons for not giving notice, and the evidence must state those reasons. Secrecy (a real risk that assets or evidence will disappear), genuine urgency, or a statutory route are good reasons. Convenience is not. A without-notice injunction order must, unless the court otherwise orders, contain a cross-undertaking in damages, an undertaking to serve the papers and a note of the hearing, and a return date (CPR 25.9). The applicant owes full and frank disclosure: every material fact that might cut against the order, including weaknesses in the claim. Hide a damaging email and the order is liable to be discharged even if the underlying merits were decent.

Worked pattern: a supplier wants to stop a distributor selling branded stock this weekend. If notice would simply accelerate the dump of stock, apply without notice, undertake in damages, serve immediately, and return on the stated date. If the stock is sitting in a warehouse and the distributor's solicitors are on the record, give notice. The SQE1 trap is treating "we are in a hurry" as a substitute for "notice would defeat the purpose of the order."

Summary judgment (CPR Part 24)

The court may give summary judgment against a claimant in any type of proceedings, and against a defendant in any type except certain residential possession claims (CPR 24.2). The grounds in CPR 24.3 are cumulative:

1. the party has no real prospect of succeeding on the claim, defence or issue; and
2. there is no other compelling reason why the case or issue should be disposed of at a trial.

"No real prospect" is more than "the other side might lose." A fanciful defence, a bare denial that contradicts a signed contract, or a point of law that the documents kill, can be swept up. A defence that needs disclosure, cross-examination, or expert evidence to be fairly tried is not fanciful. The second limb catches cases that should still go to trial even if today's paper looks one-sided: a developing area of law, a need for live credibility findings, or a public-interest issue that ought not to be decided on paper.

Timing. A claimant generally may not apply until the defendant has filed an acknowledgment of service or a defence, unless the court gives permission (CPR 24.4). If a hearing is fixed, the respondent must have at least 14 days' notice of the date and of the issues to be decided (CPR 24.4(5)). The application notice must state that it is for summary judgment, identify the point of law or document relied on, set out the applicant's belief that there is no real prospect and no reason to await trial, and tell the respondent they may file opposing evidence (CPR 24.5).

On disposal the court may give judgment, dismiss the application, make a conditional order (for example payment in of a sum, under CPR 3.1(3)), or give directions including for a defence. Conditional orders are for the case that is improbable but not imaginary. They are not a way to buy a trial the respondent cannot really contest.

Interim payments (CPR 25.20–25.25)

An interim payment is a payment on account of any sum except costs which the court may hold the defendant liable to pay (CPR 25.1(1)(l)). The claimant may not apply before the end of the period for filing an acknowledgment of service against that defendant (CPR 25.21). The court must not order more than a reasonable proportion of the likely amount of the final judgment, and it takes account of contributory negligence, set-off and counterclaim (CPR 25.20).

CPR 25.23 allows an order only if a listed condition is met. For money claims the everyday gateways are:

• the defendant has admitted liability to pay damages or another sum;
• the claimant has judgment against that defendant for damages or another sum (other than costs) to be assessed; or
• the court is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against that defendant, whether or not they are the only defendant.

There are extra gateways for possession claims (occupation rent while the claim is pending) and for certain multi-defendant cases where all defendants are public bodies or insured (including Road Traffic Act 1988 s.151 / Motor Insurers' Bureau arrangements) and the court cannot yet say which defendant will pay. In personal injury, a contested application may require a compensation recovery certificate (CPR 25.24). The fact of an interim payment must not be disclosed to the trial judge until liability and quantum are decided, unless the paying defendant agrees (CPR 25.25). Telling the trial judge "the defendant has already paid £80,000" is a professional-conduct problem as well as a procedural one.

Interim injunctions

The High Court and the County Court may grant an interim injunction (Senior Courts Act 1981 s.37; County Courts Act 1984 s.38; CPR 25.1(1)(a) and Section II). For a prohibitory injunction the starting common-law structure remains American Cyanamid Co v Ethicon Ltd [1975] AC 396:

Mandatory injunctions, freezing injunctions and search orders are stricter. A freezing injunction (CPR 25.1(1)(f) and Section III) restrains removal of assets from the jurisdiction or dealing with assets here or abroad. It is granted by a High Court Judge or another duly authorised judge (CPR 25.5(4)). Functioning knowledge: a good arguable case, assets, and a real risk of unjustified dissipation, plus the cross-undertaking. A search order (Civil Procedure Act 1997 s.7; CPR 25.1(1)(h) and Section IV) and the related imaging order for electronic devices require a supervising solicitor who is independent of the applicant's firm (CPR 25.16). Do not advise a newly qualified solicitor to "just get an injunction from the District Judge" if what the client actually needs is a freezing or search order.