Written by As a Litigant in Person (LiP) navigating the UK civil court system, you may find yourself needing to make an interim application. This crucial procedural step can significantly impact your case, but it is often fraught with complexity and potential pitfalls. This guide will walk you through the process, helping you understand when and how to make an interim application effectively.
According to the Ministry of Justice, over 100,000 interim applications were made in the County Courts of England and Wales in 2023. Approximately 30% of these were submitted by LiPs, underlining the importance of understanding this process.
What is an Interim Application?
An interim application is a request made to the court after a claim has started but before the trial. It is a formal way of asking the court to take action or give directions on how the case should proceed. Common reasons for making an interim application include:
- Amending a claim
- Including new witness or expert evidence
- Requesting specific action from the other party
Courts generally prefer that parties resolve issues without court intervention, so interim applications should only be made when absolutely necessary. The court fee for most interim applications is currently over £250, but applications by consent are subject to a lower fee.
Before Making an Application
Before making an interim application, take these important steps:
- Attempt informal communication with the other party
- Try to agree on changes (if applicable)
- Consider a consent order if both parties agree
- Keep detailed records of all communication attempts
- Be aware of the 28-day extension limit for most case management steps
- Remember, changes to pre-trial checklist dates or trial dates always require a court application
How to Make an Application
If informal attempts fail and you need to proceed with an application, follow these steps:
- Complete Form N244 (Application Notice).
- Write in plain English – avoid legal jargon.
- Pay the required court fee (refer to Form EX50 for current fees).
- If both parties agree to postpone a trial, and the court receives the consent application 14 days before the hearing, no fee is charged.
- Justify your request clearly, particularly if asking to change trial dates.
- Provide supporting evidence where necessary.
Refer to Civil Procedure Rules Part 23 for detailed guidance on making applications.
Cost Implications
There are always cost consequences for applications. If your application fails, you will likely be required to pay the other side’s costs. Applications by consent typically result in either paying only your own costs or reduced costs of the other party. Always consider the potential costs before proceeding.
Consequences of Unsuccessful Applications
Beyond financial costs, unsuccessful applications can have significant consequences:
- Delay in proceedings, potentially pushing back trial dates
- Damage to your credibility with the court
- Possible strike-out of your case in extreme circumstances
- Increased stress and time commitment
Weigh these risks carefully before deciding to proceed with an application.
Tips for Success
- Exhaust all informal options before making an application.
- Keep detailed records of all attempts to resolve the issue.
- Be clear and concise in your application – state exactly what you want and why.
- Provide strong justification, especially for changes to court dates.
- Consider the cost implications carefully before proceeding.
- Seek agreement from the other party whenever possible.
- Be prepared to explain how your request will help progress the case efficiently.
- If unsure, seek advice from a legal professional or court support service.
Where to Seek Advice
As a LiP, you can access free or low-cost legal advice from:
- Citizens Advice: Provides free, independent advice on various legal issues
- Law Centres: Offer free legal advice and representation for those who cannot afford it
- Support Through Court: Provides emotional support and practical guidance to LiPs
- Pro Bono Clinics: Many universities and law firms run free legal advice clinics
While these services can provide valuable guidance, they typically cannot represent you in court.
Navigating the civil court system as a LiP can be challenging, but with careful preparation and a clear understanding of the process, you can effectively manage interim applications and progress your case.
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Public Interest Statement:
This article aims to provide general guidance to Litigants in Person (LiPs) navigating the UK civil court system, specifically regarding interim applications. By enhancing understanding of this complex process, we seek to improve access to justice and promote fairness in the legal system. This information is crucial given the increasing number of individuals representing themselves in court proceedings across the United Kingdom.
Disclaimer:
The information provided in this article is for general informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy and currency of the information at the time of writing, laws and procedures may change. Readers should not act or refrain from acting based solely on this information without seeking professional legal advice tailored to their specific circumstances.
The author and publisher disclaim all liability in respect to actions taken or not taken based on any or all the contents of this article. For current and comprehensive legal advice, please consult a qualified solicitor or barrister licensed to practice in your jurisdiction.