Interim Applications and Remedies
Dispute Resolution > Interim Applications and Remedies
A landlord applies for summary judgment in a housing dispute, arguing that the tenant's claim has no real prospect of success. The tenant produces witness statements and photographs of damp, together with an email to the managing agent sent before the claim was issued. The judge must decide whether the tenant has a real prospect of defending the claim and whether there is another compelling reason for the case to go to trial. This scenario tests SQE1 candidates on the test for summary judgment and the distinction between summary judgment and other interim remedies like injunctions and striking out.
What Are Interim Applications and Remedies in SQE1?
Candidates often lose marks on SQE1 by confusing the tests for summary judgment and striking out — they have different thresholds and apply in different circumstances. Interim applications are applications made to the court during the course of proceedings (before trial or judgment) seeking urgent relief or to dispose of issues without a full trial. Interim remedies include summary judgment (disposing of a claim or defence without trial), interim injunctions (restraining a party from taking action or requiring them to take action), striking out (disposing of a claim or defence as an abuse of process or hopelessly weak), and orders for security for costs or interim payment. The CPR governs all interim applications and sets out the tests applicable to each.
Understanding interim applications is essential for SQE1 because examiners test these remedies extensively, particularly the American Cyanamid test for interim injunctions and the test for summary judgment. Candidates must also understand how interim applications interact with case management and track allocation, and how costs consequences flow from unsuccessful interim applications. The exam frequently tests whether a particular remedy is available in the circumstances presented.
This topic is closely linked to evidence in civil proceedings and forms a key part of the Dispute Resolution syllabus for SQE1.
Key Principles for SQE1
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Summary Judgment: A defendant can apply for summary judgment under CPR Part 24 arguing that the claimant has no real prospect of successfully proving the claim. The claimant bears the burden of showing a real prospect of success. If the defendant clears this bar, there is "no other compelling reason for trial" unless the court is persuaded otherwise.
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American Cyanamid Test for Interim Injunctions: The test has three stages: (1) Is there a serious issue to be tried? (2) Is the balance of convenience in favour of granting the injunction? (3) Are damages an adequate remedy? If damages would be adequate to compensate, an injunction may be refused.
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Without-Notice Applications: Interim injunctions may be sought without giving the defendant notice (without-notice or ex parte applications) in urgent circumstances. The applicant must make full and fair disclosure of all material facts, including facts adverse to their case.
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Striking Out: A claim or defence can be struck out under CPR Part 3 for: an abuse of process; failure to comply with court orders (the Denton test requires serious, persistent non-compliance); or hopeless claims with no real prospect of success.
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Security for Costs: A defendant can apply for the claimant to provide security for the defendant's costs if the claimant is impecunious or if there is a discretionary ground (e.g., a claimant not resident in England and Wales).
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Interim Payment: A claimant can apply for an interim payment of damages before trial if the defendant admits liability or if it appears likely that the claimant will recover some amount.
Exam tip
The American Cyanamid test for interim injunctions is the most heavily tested framework: (1) serious question to be tried, (2) damages not adequate, (3) balance of convenience. Do not confuse this with the final injunction test or the test for summary judgment. Know the three stages cold and understand that this is an interim test—the court is not deciding the merits, only whether to prevent irreparable harm pending trial.
How This Appears in SQE1 Questions
SQE1 questions on interim applications typically present a scenario where one party seeks an interim remedy (usually an interim injunction or summary judgment) and ask whether the applicant is likely to succeed. The key traps are: (1) confusing the American Cyanamid test with the test for summary judgment; (2) forgetting that damages may be an adequate remedy; (3) overlooking the balance of convenience; and (4) not recognizing when a without-notice application has failed to make full and fair disclosure. Questions also test striking out (when is it appropriate?), security for costs (when can the court order it?), and interim payment (what conditions must be met?). This is a classic SQE1 trap.
Common Mistakes Students Make
- Confusing the American Cyanamid test (three-stage test for interim injunctions) with the test for summary judgment (real prospect of success) or the final injunction test.
- Forgetting that an interim injunction can be refused even if there is a serious issue to be tried, if damages would be an adequate remedy.
- Overlooking the full and fair disclosure requirement for without-notice applications—failure to disclose material facts can result in the injunction being set aside and costs orders against the applicant.
- Misapplying the Denton test for striking out—it requires serious, persistent non-compliance, not just a single breach of a court order.
Quick Summary
- Summary judgment is available where the defendant has no real prospect of successfully defending and there is no other compelling reason for trial.
- The American Cyanamid test applies to interim injunctions: serious issue to be tried, damages not adequate, balance of convenience.
- Striking out requires serious breach of a court order (Denton test) or an abuse of process.
- Charging orders can be placed on a defendant's property to secure a judgment debt.
- Third-party debt orders require a creditor's bank to pay the debt directly to the judgment creditor.
Want to test this now? Try a few SQE1-style questions below before moving on.
Test Yourself
Test yourself
Quick check questions based on this article.
Question 1
Scenario
A franchisor discovers that one of its franchisees has begun trading under a substantially similar brand name through a separate company that the franchisee has recently incorporated. The franchise agreement contains a clause prohibiting the franchisee from using any branding confusingly similar to the franchisor's marks during and for 12 months after termination. The franchise agreement has not been terminated. The franchisor's solicitor applies without notice for an interim injunction to restrain the franchisee from continuing to use the similar branding. The franchisor provides evidence that customers have already been confused and have placed orders with the franchisee's new company believing it to be the franchisor. The franchisee's new company has been trading for only three weeks. The franchisor's solicitor argues that unless the injunction is granted, the franchisor will suffer irreparable damage to its brand reputation. The franchisee has not been notified of the application. The franchisor recently launched a new product line that has been very well received in the market. The franchisor's solicitor is aware that the franchisor must comply with certain duties when applying without notice.
What is the franchisor's primary obligation when making a without-notice application for an interim injunction?
Question 2
Scenario
A claimant brings a claim against a defendant for damages of £200,000 arising from a failed joint venture. The claimant alleges that the defendant misappropriated funds from the joint venture account. The claimant has evidence that the defendant recently transferred £150,000 from his personal bank account to an offshore account held in his wife's name. The claimant applies without notice to the defendant for a freezing injunction over the defendant's assets up to the value of £200,000. The claimant's solicitor provides a witness statement setting out the evidence of the offshore transfer. The defendant owns a property in England valued at approximately £300,000 with an outstanding mortgage of £180,000. The claimant's solicitor is aware that the defendant also has a pending inheritance claim in a separate set of proceedings which may result in a payment of £100,000. The claimant's solicitor did not mention the defendant's English property or the pending inheritance in the witness statement. The defendant has no previous history of dishonesty. The claimant and defendant were friends for 15 years before the joint venture. The court granted the freezing injunction without notice.
Is the freezing injunction likely to be discharged on the defendant's application?
Question 3
Scenario
A claimant issues proceedings for breach of contract against a supplier. The claimant's case is that the supplier delivered 500 units of defective goods. The contract is in writing and specifies the quality standard. The claimant's quality assurance manager provides a witness statement confirming that all 500 units failed quality inspection. The supplier files a defence containing general denials in three paragraphs. The supplier does not file any witness or expert evidence. The supplier does not attend the summary judgment hearing. The claimant applies for summary judgment. The claimant's solicitor also files the contract and the quality inspection report. The supplier changed its trading name six months before the contract. The goods were shipped from a warehouse in the Midlands.
What order is the court most likely to make?
Practice with full exam-style questions
Related Topics
- Dispute Resolution for SQE1: Complete Guide
- Pre-action Conduct and Protocols
- Issuing and Serving a Claim
- Responding to a Claim
Practise Interim Applications and Remedies Questions for SQE1
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