25.1
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(1)
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The court may grant the following interim remedies
-- an interim
injunction(GL);
- an interim declaration;
- an order -
- for the detention, custody or
preservation of relevant property;
- for the inspection of relevant
property;
- for the taking of a sample of relevant
property;
- for the carrying out of an experiment on
or with relevant property;
- for the sale of relevant property which
is of a perishable nature or which for any other good reason it is desirable to
sell quickly; and
- for the payment of income from relevant
property until a claim is decided;
- an order authorising a person to enter any land
or building in the possession of a party to the proceedings for the purposes of
carrying out an order under sub-paragraph (c);
- an order under section 4 of the Torts
(Interference with Goods) Act 1977
(36)
to
deliver up goods;
- an order (referred to as a freezing
injunction(GL)) -
- restraining a party from removing from
the jurisdiction assets located there; or
- restraining a party from dealing with any
assets whether located within the jurisdiction or not;
- an order directing a party to provide
information about the location of relevant property or assets or to provide
information about relevant property or assets which are or may be the subject
of an application for a freezing injunction(GL);
- an order (referred to as a search
order) under section 7 of the Civil Procedure Act 1997
(37)
(order requiring a party to admit another party
to premises for the purpose of preserving evidence etc.);
- an order under section 33 of the Supreme Court
Act 1981
(38)
or section 52 of the County
Courts Act 1984
(39)
(order for disclosure
of documents or inspection of property before a claim has been made);
- an order under section 34 of the Supreme Court
Act 1981
(40)
or section 53 of the County
Courts Act 1984
(41)
(order in certain
proceedings for disclosure of documents or inspection of property against a
non-party);
- an order (referred to as an order for interim
payment) under rule 25.6 for payment by a defendant on account of any damages,
debt or other sum (except costs) which the court may hold the defendant liable
to pay;
- an order for a specified fund to be paid into
court or otherwise secured, where there is a dispute over a partys right
to the fund;
- an order permitting a party seeking to recover
personal property to pay money into court pending the outcome of the
proceedings and directing that, if he does so, the property shall be given up
to him; and
- an order directing a party to prepare and file
accounts relating to the dispute.
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(Rule 34.2 provides for the court to issue a witness
summons requiring a witness to produce documents to the court at the hearing or
on such date as the court may direct)
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(2)
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In paragraph (1)(c) and (g), relevant
property means property (including land) which is the subject of a claim
or as to which any question may arise on a claim.
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(3)
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The fact that a particular kind of interim remedy is
not listed in paragraph (1) does not affect any power that the court may
have to grant that remedy.
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(4)
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The court may grant an interim remedy whether or not
there has been a claim for a final remedy of that kind.
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25.2
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(1)
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An order for an interim remedy may be made at any
time, including -- before proceedings are started; and
- after judgment has been given.
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(Rule 7.2 provides that proceedings are started when
the court issues a claim form)
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(2)
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However -- paragraph (1) is subject to any rule, practice
direction or other enactment which provides otherwise;
- the court may grant an interim remedy before a
claim has been made only if -
- the matter is urgent; or
- it is otherwise desirable to do so in the
interests of justice; and
- unless the court otherwise orders, a defendant
may not apply for any of the orders listed in rule 25.1(1) before he has filed
either an acknowledgment of service or a defence.
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(Part 10 provides for filing an acknowledgment of
service and Part 15 for filing a defence)
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(3)
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Where the court grants an interim remedy before a
claim has been commenced, it may give directions requiring a claim to be
commenced.
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(4)
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In particular, the court need not direct that a claim
be commencedwhere the application is made under section 33 of the Supreme Court
Act 1981 or section 52 of the County Courts Act 1984 (order for disclosure,
inspection etc. before commencement of a claim).
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25.6
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(1)
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The claimant may not apply for an order for an
interim payment before the end of the period for filing an acknowledgment of
service applicable to the defendant against whom the application is
made.
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(Rule 10.3 sets out the period for filing an
acknowledgment of service)
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(Rule 25.1(1)(k) defines an interim payment)
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(2)
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The claimant may make more than one application for
an order for an interim payment.
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(3)
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A copy of an application notice for an order for an
interim payment must -- be served at least 14 days before the hearing
of the application; and
- be supported by evidence.
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(4)
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If the respondent to an application for an order for
an interim payment wishes to rely on written evidence at the hearing, he must
-- file the written evidence; and
- serve copies on every other party to the
application, at least 7 days before the hearing of the application.
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(5)
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If the applicant wishes to rely on written evidence
in reply, he must -- file the written evidence; and
- serve a copy on the respondent, at least 3 days
before the hearing of the application.
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(6)
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This rule does not require written evidence
-- to be filed if it has already been filed;
or
- to be served on a party on whom it has already
been served.
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(7)
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The court may order an interim payment in one sum or
in instalments.
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(Part 23 contains general rules about
applications)
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25.7
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(1)
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The court may make an order for an interim payment
only if -- the defendant against whom the order is sought
has admitted liability to pay damages or some other sum of money to the
claimant;
- the claimant has obtained judgment against that
defendant for damages to be assessed or for a sum of money (other than costs)
to be assessed;
- except where paragraph (3) applies, it is
satisfied that, if the claim went to trial, the claimant would obtain judgment
for a substantial amount of money (other than costs) against the defendant from
whom he is seeking an order for an interim payment; or
- the following conditions are satisfied
-
- the claimant is seeking an order for
possession of land (whether or not any other order is also sought); and
- the court is satisfied that, if the case
went to trial, the defendant would be held liable (even if the claim for
possession fails) to pay the claimant a sum of money for the defendants
occupation and use of the land while the claim for possession was
pending.
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(2)
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In addition, in a claim for personal injuries the
court may make an order for an interim payment of damages only if
-- the defendant is insured in respect of the
claim;
- the defendants liability will be met by
-
- an insurer under section 151 of the Road
Traffic Act 1988
(42)
; or
- an insurer acting under the Motor
Insurers Bureau Agreement, or the Motor Insurers Bureau where it is acting
itself; or
- the defendant is a public body.
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(3)
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In a claim for personal injuries where there are two
or more defendants, the court may make an order for the interim payment of
damages against any defendant if -- it is satisfied that, if the claim went to
trial, the claimant would obtain judgment for substantial damages against at
least one of the defendants (even if the court has not yet determined which of
them is liable); and
- paragraph (2) is satisfied in relation to each
of the defendants.
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(4)
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The court must not order an interim payment of more
than a reasonable proportion of the likely amount of the final judgment.
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(5)
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The court must take into account -- contributory negligence; and
- any relevant set-off or counterclaim.
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25.8
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(1)
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Where a defendant has been ordered to make an interim
payment, or has in fact made an interim payment (whether voluntarily or under
an order), the court may make an order to adjust the interim payment.
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(2)
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The court may in particular -- order all or part of the interim payment to be
repaid;
- vary or discharge the order for the interim
payment;
- order a defendant to reimburse, either wholly
or partly, another defendant who has made an interim payment.
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(3)
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The court may make an order under paragraph (2)(c)
only if -- the defendant to be reimbursed made the interim
payment in relation to a claim in respect of which he has made a claim against
the other defendant for a contribution(GL),
indemnity(GL) or other remedy; and
- where the claim or part to which the interim
payment relates has not been discontinued or disposed of, the circumstances are
such that the court could make an order for interim payment under rule
25.7.
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(4)
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The court may make an order under this rule without
an application by any party if it makes the order when it disposes of the claim
or any part of it.
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(5)
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Where -- a defendant has made an interim payment;
and
- the amount of the payment is more than his
total liability under the final judgment or order,
the court may award him interest on the overpaid
amount from the date when he made the interim payment.
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25.13
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(1)
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The court may make an order for security for costs
under rule 25.12 if -- it is satisfied, having regard to all the
circumstances of the case, that it is just to make such an order; and
-
- one or more of the conditions in
paragraph (2) applies, or
- an enactment permits the court to require
security for costs.
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(2)
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The conditions are -- the claimant is an individual -
- who is ordinarily resident out of the
jurisdiction; and
- is not a person against whom a claim can
be enforced under the Brussels Conventions or the Lugano Convention, as defined
by section 1(1) of the Civil Jurisdiction and Judgments Act 1982
(43)
;
- the claimant is a company or other incorporated
body -
- which is ordinarily resident out of the
jurisdiction; and
- is not a body against whom a claim can be
enforced under the Brussels Conventions or the Lugano Convention;
- the claimant is a company or other body
(whether incorporated inside or outside Great Britain) and there is reason to
believe that it will be unable to pay the defendants costs if ordered to
do so;
- the claimant has changed his address since the
claim was commenced with a view to evading the consequences of the
litigation;
- the claimant failed to give his address in the
claim form, or gave an incorrect address in that form;
- the claimant is acting as a nominal claimant,
other than as a representative claimant under Part 19, and there is reason to
believe that he will be unable to pay the defendants costs if ordered to
do so;
- the claimant has taken steps in relation to his
assets that would make it difficult to enforce an order for costs against him.
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(Rule 3.4 allows the court to strike out a statement of
case and Part 24 for it to give summary judgment)
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(36)
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1977 c.32; section 4 was amended by the Supreme Court Act 1981
(c.54), section 152(1), Schedule 5; by the County Courts Act 1984 (c.28),
section 148(1), Schedule 2, Part V, paragraph 64 and by S.I. 1980/397
(NI3).
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(37)
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1997 c.12.
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(38)
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1981 c.54. Section 33 was amended by S.I. 1998/2940.
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(39)
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1984 c.28. Section 52 was amended by the Courts and Legal
Services Act 1990 (c.41), Schedule 18, paragraph 43 and by S.I.
1998/2940.
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(40)
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1981 c.54. Section 34 was amended by S.I. 1998/2940.
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(41)
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1984 c.28. Section 53 was amended by the Courts and Legal
Services Act 1990 (c.41), Schedule 18, paragraph 44 and by S.I.
1998/2940.
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(42)
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1988 c.52. Section 151 was amended by the Road Traffic Act 1991
(c.40), section 83, Schedule 8.
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(43)
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1982 c.27; section 1(1) was amended by the Civil Jurisdiction and
Judgment Act 1991 (c.12), section 2(2) and 2(3).
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