PART 25F1INTERIM REMEDIES AND SECURITY FOR COSTS

Annotations:
Amendments (Textual)

F2I INTERIM REMEDIES

Annotations:
Amendments (Textual)

Time when an order for an interim remedy may be madeI125.2

1

An order for an interim remedy may be made at any time, including—

a

before proceedings are started; and

b

after judgment has been given.

(Rule 7.2 provides that proceedings are started when the court issues a claim form)

2

However—

a

paragraph (1) is subject to any rule, practice direction or other enactment which provides otherwise;

b

the court may grant an interim remedy before a claim has been made only if—

i

the matter is urgent; or

ii

it is otherwise desirable to do so in the interests of justice; and

c

unless the court otherwise orders, a defendant may not apply for any of the orders listed in rule 25.1(1) before he has filed either an acknowledgement of service or a defence.

(Part 10 provides for filing an acknowledgment of service and Part 15 for filing a defence)

3

Where the court grants an interim remedy before a claim has been commenced, it may give directions requiring a claim to be commenced.

4

In particular, the court need not direct that a claim be commenced where the application is made under section 33 of the Supreme Court Act 1981 or section 52 of the County Courts Act 1984 (order for disclosure, inspection etc. before commencement of a claim).