| F | Applications |
| F1 |
Generally |
| F1.1 |
| (a) |
Applications are governed by CPR Part 23 and PD 23 as modified
by rule 58 and PD 58. As a result
| |
(i) |
PD 23 Paragraphs 1 and 2.3-2.6 do not apply;
|
| |
(ii) |
PD 23 Paragraphs 2.8 and 2.10 apply only if the proposed (additional)
application will not increase the time estimate already given
for the hearing for which a date has been fixed; and
|
| |
(iii) |
PD 23 Paragraph 3 is subject in all cases to the judge's agreeing that
the application may proceed without an application notice being served.
|
|
| (b) |
An adapted version of practice form N244 (application notice) has
been approved for use in the Commercial Court. A copy of this
practice form (Form N244(CC)) is included at the end of the
Guide.
|
|
| F1.2 |
An application for a consent order must include a draft of the proposed
order signed on behalf of all parties to whom it relates: PD 58 Paragraph 14.1.
|
| F1.3 |
The requirement in PD 23 Paragraph 12.1 that a draft order be supplied on disk
does not apply in the Commercial Court since orders are generally
drawn up by the parties: PD 58 Paragraph 14.2.
|
| |
Service |
| F1.4 |
Application notices are served by the parties, not by the court: PD 58 Paragraph 9.
|
| |
Evidence |
| F1.5 |
| (a) |
Particular attention is drawn to PD 23 Paragraph 9.1 which points out that
even where no specific requirement for evidence is set out in the
Rules or Practice Directions the court will in practice often need to
be satisfied by evidence of the facts that are relied on in support of,
or in opposition to, the application.
|
| (b) |
Where convenient the written evidence relied on in support of an
application may be included in the application notice, which may
be lengthened for this purpose.
| | |
Time for service of evidence |
|
| F1.6 |
The time allowed for the service of evidence in relation to applications is
governed by PD 58 Paragraph 13.
|
| |
Hearings |
| F1.7 |
| (a) |
Applications (other than arbitration applications) will be heard in
public in accordance with rule 39.2, save where otherwise ordered.
|
| (b) |
With certain exceptions, arbitration applications will normally be
heard in private: rule 62.10(3). See section O.
|
| (c) |
An application without notice for a freezing injunction or a search
order will normally be heard in private.
|
|
| F1.8 |
Parties should pay particular attention to PD 23 Paragraph 2.9 which warns of the
need to anticipate the court's wish to review the conduct of the case and
give further management directions. The parties should be ready to give
the court their assistance and should be able to answer any questions that
the court may ask for this purpose.
|
| F1.9 |
PD 23 Paragraphs 6.1-6.5 and Paragraph 7 deal with the hearing of applications by
telephone (other than an urgent application out of court hours) and the
hearing of applications using video-conferencing facilities. These
methods may be considered when an application needs to be made
before a particular Commercial Judge who is currently on circuit. In
most other cases applications are more conveniently dealt with in
person.
|
| F2 |
Applications without notice |
| F2.1 |
All applications should be made on notice, even if that notice has to be
short, unless
|
| |
| (i) |
any rule or Practice Direction provides that the application may be
made without notice; or
|
|
| |
| (ii) |
there are good reasons for making the application without notice,
for example, because notice would or might defeat the object of
the application.
|
|
| F2.2 |
Where an application without notice does not involve the giving of
undertakings to the court, it will normally be made and dealt with on
paper, as, for example, applications for permission to serve a claim form out of the jurisdiction, and applications for an extension of time in which
to serve a claim form.
|
| F2.3 |
Any application for an interim injunction or similar remedy will require
an oral hearing.
|
| F2.4 |
| (a) |
A party wishing to make an application without notice which
requires an oral hearing before a judge should contact the Clerk to
the Commercial Court at the earliest opportunity.
|
| (b) |
If a party wishes to make an application without notice at a time
when no commercial judge is available he should apply to the
Queen's Bench Judge in Chambers (see section P1.1).
|
|
| F2.5 |
On all applications without notice it is the duty of the applicant and
those representing him to make full and frank disclosure of all matters
relevant to the application.
|
| F2.6 |
The papers lodged for the application should include two copies of a
draft of the order sought. Save in exceptional circumstances where time
does not permit, all the evidence relied upon in support of the
application and any other relevant documents must be lodged in advance
with the Clerk to the Commercial Court. If the application is urgent, the
Clerk to the Commercial Court should be informed of the fact and of the
reasons for the urgency. Counsel's estimate of reading time likely to be
required by the court should also be provided.
|
| F3 |
Expedited applications |
| F3.1 |
The Court will expedite the hearing of an application on notice in cases
of sufficient urgency and importance.
|
| F3.2 |
Where a party wishes to make an expedited application a request should
be made to the Clerk to the Commercial Court on notice to all other
parties.
|
| F4 |
Paper applications |
| F4.1 |
| (a) |
Although contested applications are usually best determined at an
oral hearing, some applications may be suitable for determination on paper.
|
| (b) |
Attention is drawn to the provisions of rule 23.8 and PD 23 Paragraph 11. If
the applicant considers that the application is suitable for determination on paper, he should ensure before lodging the
papers with the court
| |
(ii) |
that the respondent has been allowed the appropriate period
of time in which to serve evidence in opposition;
|
| |
(iii) |
that any evidence in reply has been served on the
respondent; and
|
| |
(iv) |
that there is included in the papers
| |
(A) |
the application without a hearing; or
|
| |
(B) |
he seeks to have the application disposed of without a
hearing, together with confirmation that a copy has
been served on the respondent.
|
|
|
| (c) |
Only in exceptional cases will the court dispose of an application
without a hearing in the absence of the respondent's consent.
|
|
| F4.2 |
| (a) |
Certain applications relating to the management of proceedings may conveniently be made in correspondence without issuing an application notice.
|
| (b) |
It must be clearly understood that such applications are not
applications without notice and the applicant must therefore ensure
that a copy of the letter making the application is sent to all other
parties to the proceedings.
|
| (c) |
Accordingly, the following procedure should be followed when
making an application of this kind:
| |
(i) |
the applicant should first ascertain whether the application is
opposed by the other parties;
|
| |
(ii) |
if it is, the applicant should apply to the court by letter
stating the nature of the order which it seeks and the grounds
on which the application is made;
|
| |
(iii) |
a copy the letter should be sent (by fax, where possible) to
all other parties at the same time as it is sent to the court;
|
| |
(iv) |
any other party wishing to make representations should do so
by letter within two days (i.e. two clear days) of the date of
the applicant's letter of application. The representations
should be sent (by fax, where possible) to the applicant and
all other parties at the same time as they are sent to the court;
|
| |
(v) |
the court will advise its decision by letter to the applicant.
The applicant must forthwith copy the court's letter to all
other parties, by fax where possible.
|
|
|
| F5 |
Ordinary applications |
| F5.1 |
Applications likely to require an oral hearing lasting half a day or less
are regarded as "ordinary" applications.
|
| F5.2 |
Ordinary applications will generally be heard on Fridays, but may be
heard on other days. Where possible, the Listing Office will have regard
to the availability of advocates when fixing hearing dates.
|
| F5.3 |
Many ordinary applications, especially those in the non-Counsel list on
Fridays, are very short indeed (e.g. applications to extend time). As in
the past, it is likely that many, if not most, of such applications can be
heard without evidence and on short (i.e. a few days) notice. The parties
should however have in mind what is said in section F1.5(a) above.
|
| F5.4 |
| (a) |
The timetable for ordinary applications is set out in PD 58 Paragraph 13.1
and is as follows:
| |
(i) |
evidence in support must be filed and served with the
application;
|
| |
(ii) |
evidence in answer must be filed and served within 14 days
thereafter;
|
| |
(iii) |
evidence in reply (if any) must be filed and served within 7
days thereafter.
|
|
| (b) |
This timetable may be abridged or extended by agreement between
the parties provided that any date fixed for the hearing of the
application is not affected: PD 58 Paragraph 13.4. In appropriate cases, this
timetable may be abridged by the Court.
|
|
| F5.5 |
An application bundle (see section F11) must be lodged with the Listing
Office by 1 p.m. one clear day before the date fixed for the hearing. The
case management bundle will also be required on the hearing; this file
will be passed by the Listing Office to the judge. Only where it is
essential for the court on the hearing of the ordinary application to see
the full version of a statement of case that has been summarised in
accordance with section C1.4 above should a copy of that statement of
case be lodged for the ordinary application.
|
| F5.6 |
Save in very short and simple cases, skeleton arguments must be
provided by all parties. These must be lodged with the Listing Office
and served on the advocates for all other parties to the application by
1 p.m. on the day before the date fixed for the hearing (i.e. the
immediately preceding day) together with an estimate of the reading
time likely to be required by the court. Guidelines on the preparation of
skeleton arguments are set out in Part 1 of Appendix 9.
|
| F5.7 |
Thus, for an application estimated for a half day or less and due to be
heard on a Friday:
|
| |
| (i) |
the application bundle must be lodged by 1 p.m. on Wednesday; and
|
|
| |
| (ii) |
skeleton arguments must be lodged by 1 p.m. on Thursday.
If, for reasons outside the reasonable control of the advocate a skeleton
argument cannot be delivered to the Listing Office by 1pm, it should be
delivered direct to the clerk of the judge listed to hear the application and
in any event not later than 4pm the day before the hearing.
|
|
| F5.8 |
The applicant should, as a matter of course, provide all other parties to
the application with a copy of the application bundle at the cost of the receiving party. Further copies should be supplied on request, again at
the cost of the receiving party.
|
| F5.9 |
Problems with the lodging of bundles or skeleton arguments should be
notified to the Clerk to the Commercial Court as far in advance as
possible. If the application bundle or skeleton argument is not
lodged by the time specified, the application may be stood out of the
list without further warning.
|
| F6 |
Heavy applications |
| F6.1 |
Applications likely to require an oral hearing lasting more than half a
day are regarded as "heavy" applications.
|
| F6.2 |
Heavy applications normally involve a greater volume of evidence and
other documents and more extensive issues. They accordingly require a
longer lead-time for preparation and exchange of evidence. Where
possible the Listing Office will have regard to the availability of advocates when fixing hearing dates.
|
| F6.3 |
The timetable for heavy applications is set out in PD 58 Paragraph 13.2 and is as
follows:
|
| |
| (i) |
evidence in support must be filed and served with the application;
|
|
| |
| (ii) |
evidence in answer must be filed and served within 28 days
thereafter;
|
|
| |
| (iii) |
evidence in reply (if any) must be filed and served as soon as
possible, and in any event within 14 days of service of the
evidence in answer.
|
|
| F6.4 |
| (a) |
An application bundle (see section F11) must be lodged with the
Listing Office by 4 p.m. two days (i.e. two clear days) before the
date fixed for the hearing together with a reading list and an
estimate for the reading time likely to be required by the court as
agreed between the counsel or other advocates to appear on the
application. The case management bundle will also be required on
the hearing; this file will be passed by the Listing Office to the
judge.
|
| (b) |
Only where it is essential for the court on the hearing of the
application to see the full version of a statement of case that has
been summarised in accordance with section C1.4 above should a
copy of that statement of case be lodged for the application.
|
|
| F6.5 |
Skeleton arguments must be lodged with the Listing Office and served
on the advocates for all other parties to the application as follows:
|
| |
| (i) |
applicant's skeleton argument (with chronology unless one is
unnecessary, and with a dramatis personae if one is warranted), by
4 p.m. two days (i.e. two clear days) before the hearing;
|
|
| |
| (ii) |
respondent's skeleton argument, by 4 p.m. one day (i.e. one clear
day) before the hearing.
Guidelines on the preparation of skeleton arguments are set out in Part 1 of Appendix 9.
|
|
| F6.6 |
Thus, for an application estimated for more than half a day and due to be
heard on a Thursday:
|
| |
| (i) |
the application bundle and the applicant's skeleton argument must be
lodged by 4 p.m. on Monday;
|
|
| |
| (ii) |
the respondent's skeleton argument must be lodged by 4 p.m. on
Tuesday.
|
|
| F6.7 |
The applicant must, as a matter of course, provide all other parties to the
application with a copy of the application bundle at the cost of the receiving party. Further copies must be supplied on request, again at the
cost of the receiving party.
|
| F6.8 |
Problems with the lodging of bundles or skeleton arguments should be
notified to the Clerk to the Commercial Court as far in advance as
possible. If the application bundle or skeleton argument is not
lodged by the time specified, the application may be stood out of the
list without further warning.
|
| F7 |
Evidence |
| F7.1 |
Although evidence may be given by affidavit, it should generally be
given by witness statement, except where PD 32 requires evidence to be
given on affidavit (as, for example, in the case of an application for a
freezing injunction or a search order: PD 32 Paragraph 1.4). In other cases the
Court may order that evidence be given by affidavit: PD 32 Paragraph 1.4(1) and
1.6.
|
| F7.2 |
Witness statements and affidavits must comply with the requirements of
PD 32, save that photocopy documents should be used unless the court
orders otherwise.
|
| F7.3 |
| (a) |
Witness statements must be verified by a statement of truth signed
by the maker of the statement: rule 22.1.
|
| (c) |
A statement of truth in an application notice may also be signed as
indicated in sections C1.8 and C1.9 above.
|
|
| F7.4 |
Proceedings for contempt of court may be brought against a person who
makes, or causes to be made, a false statement in a witness statement (or
any other document verified by a statement of truth) without an honest
belief in its truth: rule 32.14(1).
|
| F8 |
Reading time |
| F8.0 |
| (a) |
It is essential for the efficient conduct of the court's business that the
parties inform the court of the reading required in order to enable the
judge to dispose of the application within the time allowed for the
hearing and of the time likely to be required for that purpose.
Accordingly
| |
(i) |
in the case of all heavy applications and in the case of other
applications, if any advocate considers that the time required for
reading is likely to exceed two hours, each party must lodge with
the Listing Office not later than 1pm two clear days before the
hearing of the application a reading list with an estimate of the
time likely to be required by the court for reading;
|
| |
(ii) |
in the case of all other applications each party must lodge with the
Listing Office by 1pm on the day before the date fixed for the
hearing of an application (ie the immediately preceding day) a
reading list with an estimate of the time required to complete the
reading;
|
| |
(iii) |
each party's reading list should identify the material on both sides
which the court needs to read.
| | |
(b) Failure to comply with these requirements may result in the |
| |
adjournment of the hearing. |
|
|
| F9 |
Applications disposed of by consent |
| F9.1 |
| (a) |
Consent orders may be submitted to the court in draft for approval
and initialling without the need for attendance.
|
| (b) |
Two copies of the draft, one of which (or a counterpart) must be
signed on behalf of all parties to whom it relates, should be lodged
at the Registry. The copies should be undated. The order will be
dated with the date on which the judge initials it, but that does not
prevent the parties acting on their agreement immediately if they
wish.
|
| (c) |
The parties should act promptly in lodging the copies at the
Registry. If it is important that the orders are made by a particular
date, that fact (and the reasons for it) should be notified in writing
to the Registry.
|
|
| F9.2 |
For the avoidance of doubt, this procedure is not normally available in
relation to a case management conference or a pre-trial review. Whether
or not the parties are agreed as between themselves on the directions that
the court should be asked to consider giving at a case management
conference or a pre-trial review, attendance will normally be required.
See section D8.3.
|
| F9.3 |
Where an order provides a time by which something is to be done the
order should wherever possible state the particular date by which the
thing is to be done rather than specify a period of time from a particular
date or event: rule 2.9.
|
| F10 |
Hearing dates, time estimates and time limits |
| F10.1 |
Dates for the hearing of applications to be attended by advocates are
normally fixed after discussion with the counsel's clerks or with the solicitor concerned.
|
| F10.2 |
The efficient working of the court depends on accurate estimates of the
time needed for the oral hearing of an application. Over-estimating can
be as wasteful as under-estimating.
|
| F10.3 |
Subject to section F10.4, the Clerk to the Commercial Court will not
accept or act on time estimates for the oral hearing of applications where
those estimates exceed the following maxima:
|
| |
| |
Application to set aside service: | 4 hours |
|
| |
|
| |
| |
Application to set aside or vary interim remedy: | 4 hours |
|
| |
|
| |
| |
Application to amend statement of case: | 1 hour |
|
| |
| |
Application for specific disclosure: | 1 hour |
|
| |
| |
Application for security for costs: | 1 hour |
|
| F10.4 |
A longer listing time will only be granted upon application in writing
specifying the additional time required and giving reasons why it is
required. A copy of the written application should be sent to the advocates for all other parties in the case at the same time as it is sent to
the Listing Office.
|
| F10.5 |
| (a) |
Not later than five days before the date fixed for the hearing the applicant must provide the Listing Office with his current estimate
of the time required to dispose of the application.
|
| (b) |
If at any time either party considers that there is a material risk that
the hearing of the application will exceed the time currently
allowed it must inform the Listing Office immediately.
|
|
| F10.6 |
| (a) |
All time estimates should be given on the assumption that the
judge will have read in advance the skeleton arguments and the
documents identified in the reading list. In this connection
attention is drawn to section F8.
|
| |
| (b) |
A time estimate for an ordinary application should allow time for
judgment and consequential matters; a time estimate for a heavy application should not.
|
|
|
| F10.7 |
Save in the situation referred to at section F10.8, a separate estimate
must be given for each application, including any application issued
after, but to be heard at the same time as, another application.
|
| F10.8 |
A separate estimate need not be given for any application issued after,
but to be heard at the same time as, another application where the advocate in the case certifies in writing that
|
| |
| (i) |
the determination of the application first issued will necessarily
determine the application issued subsequently; or
|
|
| |
| (ii) |
the matters raised in the application issued subsequently are not
contested.
|
|
| F10.9 |
If it is found at the hearing that the time required for the hearing has
been significantly underestimated, the judge hearing the application may
adjourn the matter and may make any special costs orders (including
orders for the immediate payment of costs and wasted costs orders) as
may be appropriate.
|
| F10.10 |
Failure to comply with the requirements for lodging bundles for the
application will normally result in the application not being heard on the
date fixed at the expense of the party in default (see further sections F5.9
and F6.8 above). An order for immediate payment of costs may be
made.
|
| F11 |
Application bundles |
| F11.1 |
| (a) |
Bundles for use on applications may be compiled in any
convenient manner but must contain the following documents
(preferably in separate sections in the following order):
| |
(ii) |
a draft of the order which the applicant seeks;
|
| |
(iii) |
a copy of the statements of case;
|
| |
(iv) |
copies of any previous orders which are relevant to the
application;
|
| |
(v) |
copies of the witness statements and affidavits filed in
support of, or in opposition to, the application, together with
any exhibits.
|
|
| (b) |
Copies of the statements of case and of previous orders in the
action should be provided in a separate section of the bundle. They
should not be exhibited to witness statements.
|
| (c) |
Witness statements and affidavits previously filed in the same proceedings should be included in the bundle at a convenient
location. They should not be exhibited to witness statements.
|
| (d) |
Where for the purpose of the application it is likely to be necessary
for the court to read in chronological order correspondence or
other documents located as exhibits to different affidavits or
witness statements, copies of such documents should be filed and
paged in chronological order in a separate composite bundle or
bundles which should be agreed between the parties. If time does
not permit agreement on the contents of the composite bundle, it is
the responsibility of the applicant to prepare the composite bundle
and to lodge it with the Listing Office by 4pm two clear days before the hearing in the case of heavy applications and one clear
day before the hearing in the case of all other applications.
|
|
| F12 |
Chronologies, indices and dramatis personae |
| F12.1 |
For most applications it is of assistance for the applicant to provide a
chronology which should be cross-referenced to the documents.
Dramatis personae are often useful as well.
|
| F12.2 |
Guidelines on the preparation of chronologies and indices are set out in
Part 2 of Appendix 9.
|
| F13 |
Authorities |
| F13.1 |
On some applications there will be key authorities that it would be
useful for the judge to read before the oral hearing of the application.
Copies of these authorities should be provided with the skeleton
arguments.
|
| F13.2 |
It is also desirable for bundles of the authorities on which the parties
wish to rely to be provided to the judge hearing the application as soon
as possible after skeleton arguments have been exchanged.
|
| F13.3 |
Authorities should only be cited when they contain some principle of
law relevant to an issue arising on the application and where their
substance is not to be found in the decision of a court of higher authority.
|
| F14 |
Costs |
| F14.1 |
Costs are dealt with generally at section J13.
|
| F14.2 |
Reference should be also be made to the rules governing the summary
assessment of costs for shorter hearings contained in Parts 43 and 44.
|
| F14.3 |
In carrying out a summary assessment of costs, the court may have
regard amongst other matters to:
|
| |
|
| |
| (ii) |
any survey published by the London Solicitors Litigation
Association showing the average hourly expense rate for solicitors in London;
|
|
| |
| (iii) |
any information provided to the court at its request by one or more
of the specialist associations (referred to at section A4.2) on
average charges by specialist solicitors and counsel.
|
|
| F15 |
Interim injunctionsGenerally |
| F15.1 |
| (a) |
Applications for interim injunctions are governed by CPR Part 25.
|
| (b) |
Applications must be made on notice in accordance with the
procedure set out in CPR Part 23 unless there are good reasons for
proceeding without notice.
|
|
| F15.2 |
A party who wishes to make an application for an interim injunction
must give the Clerk to the Commercial Court as much notice as possible.
|
| F15.3 |
| (a) |
Except when the application is so urgent that there has not been
any opportunity to do so, the applicant must issue his claim form and obtain the evidence on which he wishes to rely in support of
the application before making the application.
|
| (b) |
On applications of any weight, and unless the urgency means that
this is not possible, the applicant should provide the court at the
earliest opportunity with a skeleton argument.
|
| (c) |
An affidavit, and not a witness statement, is required on an
application for a freezing injunction or a search order: PD 25 Paragraph 3.1.
| | |
Fortification of undertakings |
|
| F15.4 |
| (a) |
Where the applicant for an interim remedy is not able to show
sufficient assets within the jurisdiction of the Court to provide
substance to the undertakings given, particularly the undertaking
in damages, he may be required to reinforce his undertakings by
providing security.
|
| (b) |
Security will be ordered in such form as the judge decides is
appropriate but may, for example, take the form of a payment into
court, a bond issued by an insurance company or a first demand
guarantee or standby credit issued by a first-class bank.
|
| (c) |
In an appropriate case the judge may order a payment to be made
to the applicant's solicitors to be held by them as officers of the
court pending further order. Sometimes the undertaking of a parent company may be acceptable.
| | |
Form of order |
|
| F15.5 |
Standard forms of wording for freezing injunctions and search orders are set out in Appendix 5. The forms have been adapted for use in the
Commercial Court and should be followed unless the judge hearing a
particular application considers there is good reason for adopting a
different form.
|
| F15.6 |
A phrase indicating that an interim remedy is to remain in force until
judgment or further order means that it remains in force until the
delivery of a final judgment. If an interim remedy continuing after
judgment is required, say until judgment has been satisfied, an
application to that effect must be made (see further section K1).
|
| F15.7 |
It is good practice to draft an order for an interim remedy so that it
includes a proviso which permits acts which would otherwise be a
breach of the order to be done with the written consent of the claimant's solicitors. This enables the parties to agree in effect to variations (or the
discharge) of the order without the necessity of coming back to the
court.
|
| |
Freezing injunctions |
| F15.8 |
| (a) |
Freezing injunctions made on an application without notice will
provide for a return date, unless the judge otherwise orders: PD 25
Paragraph 5.1(3). In the usual course, the return date given will be a Friday
(unless a date for a case management conference has already been
fixed, in which event the return date given will in the usual course
be that date).
|
| (b) |
If, after service or notification of the injunction, one or more of the
parties considers that more than 15 minutes will be required to
deal with the matter on the return date the Listing Office should be
informed forthwith and in any event no later than 4 p.m. on the
Wednesday before the Friday fixed as the return date.
|
| (c) |
If the parties agree, the return date may be postponed to a later
date on which all parties will be ready to deal with any substantive
issues. In this event, an agreed form of order continuing the
injunction to the postponed return date should be submitted for
consideration by a judge and if the order is made in the terms
submitted there will be no need for the parties to attend on the day
originally fixed as the return date.
|
| (d) |
In such a case the defendant and any other interested party will
continue to have liberty to apply to vary or set aside the order.
|
|
| F15.9 |
A provision for the defendant to give notice of any application to
discharge or vary the order is usually included as a matter of
convenience but it is not proper to attempt to fetter the right of the
defendant to apply without notice or on short notice if need be.
|
| F15.10 |
As regards freezing injunctions in respect of assets outside the jurisdiction, the standard wording in relation to effects on third parties
should normally incorporate wording to enable overseas branches of
banks or similar institutions which have offices within the jurisdiction to
comply with what they reasonably believe to be their obligations under
the laws of the country where the assets are located or under the proper
law of the relevant banking or other contract relating to such assets.
|
| F15.11 |
Any bank or third party served with, notified of or affected by a
freezing injunction may apply to the court without notice to any party for
directions, or notify the court in writing without notice to any party, in
the event that the order affects or may affect the position of the bank or
third party under legislation, regulations or procedures aimed to prevent
money laundering.
|
| |
Search orders |
| F15.12 |
Attention is drawn to the detailed requirements in respect of search
orders set out in PD 25 Paragraphs 7.1-8.3. The applicant for the search order will
normally be required to undertake not to inform any third party of the search order or of the case until after a specified date.
|
| |
Applications to discharge or vary freezing injunctions and search orders |
| F15.13 |
Applications to discharge or vary freezing injunctions and search
orders are treated as matters of urgency for listing purposes. Those
representing applicants for discharge or variation should ascertain before
a date is fixed for the hearing whether, having regard to the evidence
which they wish to adduce, the claimant would wish to adduce further
evidence in opposition. If so, all reasonable steps must be taken by all
parties to agree upon the earliest practicable date at which they can be
ready for the hearing, so as to avoid the last minute need to vacate a
fixed date. In cases of difficulty the matter should be referred to a judge
who may be able to suggest temporary solutions pending the hearing.
|
| F15.14 |
If a freezing injunction or search order is discharged on an application
to discharge or vary, or on the return date, the judge will consider
whether it is appropriate that he should assess damages at once and
direct immediate payment by the applicant. Where the judge considers
that the hearing for the assessment of damages should be postponed to a
future date he will give such case management directions as may be
appropriate for the assessment hearing, including, if necessary,
disclosure of documents and exchange of witness statements and
experts' reports.
Applications under section 25 of the Civil Jurisdiction and Judgments Act 1982Acts
|
| F15.15 |
A Part 8 claim form (rather than an application notice: cf. rule 25.4(2))
must be used for an application under section 25 of the Civil Jurisdiction
and Judgments Act 1982 ("Interim relief in England and Wales and
Northern Ireland in the absence of substantive proceedings"). The
modified Part 8 procedure used in the Commercial Court is referred to at
section B4 above.
|
| F16 |
Security for costs |
| F16.1 |
Applications for security for costs are governed by rules 25.12-14.
|
| F16.2 |
The applicable practice is set out in Appendix 16.
|