Chapter

Disputes of Fact in Interim Applications

Stuart Sime

in The Civil Procedure Rules Ten Years On

Published in print December 2009 | ISBN: 9780199576883
Published online March 2012 | e-ISBN: 9780191702228 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199576883.003.0013
Disputes of Fact in Interim Applications

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Interim applications provide the means for getting before a procedural judge to obtain orders preserving the position until trial and for adjustments to the timetable laid down by the Civil Procedure Rules (CPR) and case management directions. Applications cover a wide range of orders, and raise an even wider range of issues. This chapter considers the fact finding process in interim hearings, how lawyers attack the other side's evidence, and the different approaches taken by the courts in dealing with such conflicts on different types of application. In particular, the chapter considers differences between issues which will also fall for decision at trial and those which only arise on interim applications, the different standards of proof demanded in different contexts, and whether a coherent set of principles emerges from the authorities.

Keywords: interim applications; Civil Procedure Rules; CPR; case management; fact finding process; interim hearings

Chapter.  4700 words. 

Subjects: Constitutional and Administrative Law

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