Common types
of interlocutory applications, such as summary judgment, applications to strike, substitutional service, and dismissal for long delay, are highlighted.
The Google lawsuit was filed in 2009, and had a number
of interlocutory applications, as follows.
«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.
If a person were excluded from a native title application he or she could seek to be joined as a party to the proceedings by means
of an interlocutory application: s 84 (5) Native Title Act 1993 (Cth).
Not exact matches
He nonetheless filed another
application for
interlocutory injunction against managers
of the Accra International Conference Centre, seeking to restrain them from allowing the centre to be used to screen the video.
He also filed an
interlocutory application which he urged the court to consider before the hearing
of the main suit.
«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».
Adamant Sheriff led faction
of the party had filed an
application on July 4 for an
interlocutory injunction seeking to halt convention scheduled for August 17.
The General Secretary brought to the notice
of the meeting an
application for
Interlocutory Injunction against the meeting.
He was earlier confronted with a more violent actions which led to an attack on his vehicle after he brought to the notice
of persons present at the party's steering committee meeting, an
application for
interlocutory injunction.
The Ali Modu Sheriff - faction
of the national leadership
of the Peoples Democratic Party is to appear before a Federal High Court in Abuja on Thursday (today) to argue its
application for an
interlocutory injunction seeking to stop the party from going ahead with its planned national convention scheduled to hold on August 17.
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.
The failed motion is part
of an increase in
interlocutory suspension
applications brought by the law society against lawyers facing disciplinary hearings, says criminal defence lawyer William Trudell.
Canna Clinic brought its own
application at the same time for an
interlocutory injunction to restrain, suspend, exempt from, and stay enforcement
of the by - law and the Controlled Drugs and Substances Act on the basis that those laws are unconstitutional.
Series 5 Software concerned an
application made by the claimant for an
interlocutory injunction restraining the defendants, who were ex-employees
of the claimants, from using hardware, software and client lists retained by them and copying or plagiarising the software package which was developed, produced and sold by the claimant company.
David also has considerable experience
of applications for freezing and search orders together with other types
of interlocutory relief.
Canadian indigenous activist Douglas Cardinal filed human rights complaints with both the Human Rights Tribunal
of Ontario and the Canadian Human Rights Tribunal, as well as an
application for an
interlocutory injunction with the Ontario Superior Court
of Justice pending the outcome
of the human rights complaints, against Cleveland Indians Baseball Co. Ltd..
Compare, for example, MAC Hotels Limited v. Rider Levett Bucknall UK Limited [2010] EWHC 767 (TCC) in which HHJ Havelock - Allan QC found that collateral waiver could occur by referring to and relying on privileged material in a witness statement served in support
of an (as yet unheard)
interlocutory application with the approach
of Hobhouse J in General Accident Fire and Life Corp v. Tanter [1984] 1 WLR 100, holding that there was no collateral waiver where a privileged note
of a conversation was used in cross-examination but before the author
of the note was called and before it had been formally admitted in evidence.
This mirrors the position at first instance; Part 36 can be used in respect
of issues in the case but not mere
interlocutory applications.
She has significant trial experience in addition to experience
of interlocutory and post judgment
applications including freezing injunctions, receivership orders and jurisdictional challenges.
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.»
He is experienced acting alone as sole advocate for
interlocutory applications and trials, as well as forming part
of a larger team with leading counsel.
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.
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.
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.
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.
This paper discusses
interlocutory applications, which are brought between the commencement and final resolution
of a civil claim.
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.
He appears regularly in the Business, TCC, Insolvency and Companies lists
of the Business and Property Courts
of England and Wales on both
interlocutory matters, including
applications for urgent interim relief, and at trial, and in the Court
of Appeal.
In In re J L Young Manufacturing Company Limited [1900] 2 Ch 753, the Court
of Appeal held that an affidavit
of evidence given on information and belief without indicating the source, was inadmissible as evidence whether on an
interlocutory or final
application.
William has been complimented for his ability to work quickly in cases
of urgency, seeking
interlocutory relief where a client's commercial interests require it, and has considerable experience
of seeking and resisting
applications for freezing orders.