An
interlocutory application is a legal request made by one party to a court during an ongoing case. It asks the court to make a decision on a specific issue or matter that will affect the outcome of the case. It is different from the final decision because it is made before the case is concluded.
Full definition
Nikki is available to act as a supervising solicitor and has dealt with the full range
of interlocutory applications including search orders, freezing injunctions, Norwich Pharmacal orders and jurisdictional challenges.
She also represented clients in contentious
interlocutory applications including seeking and defending applications for summary judgment, discovery, interrogatories, security for costs as well as enforcing judgments through applications for garnishee orders, examination of judgment debtors and bankruptcy proceedings.
Dismissing the appeal, the Privy Council have decided that, whatever the position as regards the generality of TCI judges, Justice Harrison's appointment was sufficient for objective independence, and that the standard of proof has no application to
interlocutory applications not bearing on guilt or innocence, unless there is a specific factual precondition.
«Unfortunately, our justice system currently has a reputation for delays, usually occasioned by a combination of endless adjournments,
incessant interlocutory applications and overwhelming case loads».
Other defence lawyers — Mr. Olajide Ayodele (SAN), Mr. O.A Dada, Mr. Olusola Dare and Mr. Omosanya Popoola — have no
pending interlocutory application in the case (s).
Finally, in November 2012, after two trials totalling 15 days, one appeal and
several interlocutory applications, I was awarded # 55,000 damages by Mrs Justice Swift arising from sexual assaults by a Jesuit priest in the 1970s.
Numerous interlocutory applications in relation to subsidiary claims including freezing injunction relief, second Junior Counsel and junior Counsel in relation to Phase 1 and Phase 2 of the litigation [2001] 1 Lloyd's Rep 284 (Phase 1); appeared as Junior Counsel in Court of Appeal appealing first instance decision granting anti-suit injunction relief against shipowners [2002] EWCS Civ 528.
He also filed
an interlocutory application which he urged the court to consider before the hearing of the main suit.
The Sherriff faction therefore on July 20 filed
an interlocutory application asking the court to stop the party from going ahead with the planned national convention pending the determination of their substantive suit.
«We contend that the primary judge made a series of fundamental errors in her disposition of
the interlocutory application,» lawyers representing Samsung said to the appeals court judges.
Defendants who offer more than is ultimately awarded should be able to recover later costs and it is wrong to equate the costs of the preliminary - issue trial with the discrete costs of
some interlocutory application.
Ryder J heard full argument on
an interlocutory application for separate representation and his judgment is undoubtedly the seminal consideration of the topic.
«For the avoidance of doubt the Preliminary Issue is intended to decide whether the Defendant's revised estimate of 6 May 2005 was intended to cover a) only a four day trial b)
any interlocutory applications that might be made by either side c) the number of expert witnesses d) the extent of the preparation necessitated by the above.»
James advises and acts at all stages of the dispute resolution process, from strategy development, through pre-action and
interlocutory applications (including Freezing Orders, anti-suit injunctions; protection of confidential information, restraint of conflicts and jurisdiction challenges), to trials and final hearings, appellate and review hearings, and enforcement of judgments and awards.
Tim has appeared in all levels of court in British Columbia, and the Federal Court of Canada, including in trials, summary trial proceedings, injunction applications,
interlocutory applications, oppressive remedy proceedings, judicial review petitions, and appellant hearings.
The paper also includes various forms related to
interlocutory applications.
Common types of
interlocutory applications, such as summary judgment, applications to strike, substitutional service, and dismissal for long delay, are highlighted.
It reviews the basic steps involved in
interlocutory applications, including: notice of application, affidavit evidence, questioning on an affidavit, briefs, and orders.
He has achieved the successful removal and termination of two unethical directors from a plc, obtaining a High Court injunction for their physical removal and the forensic investigation of their computers, and defeating 100 % of
their interlocutory applications for reinstatement with the company and settlement of their employment claims.
While I accept that the proceeds of sale from the Derwent Way property may be available to satisfy those needs in whole or in part, it would be inappropriate on
this interlocutory application to embark upon a detailed analysis of the capital needs of the business.
In one case for example, plaintiff counsel felt obliged to concede, even during
an interlocutory application, that punitive claims under the FAA were simply impossible: Clapperton Estate v Davey, 2009 ABQB 63, at para 2.
He has wide experience in
interlocutory applications, particularly anti-suit injunctions.
On
an interlocutory application, Justice Allan of the BC Supreme Court agreed, and suspended the operation of the suspicious transaction reporting regulations as against lawyers.
They are significantly cheaper than going to court on
an interlocutory application and often clear the way for complete settlement.