Interim applications & injunctions
Interim applications allow a party to obtain orders before trial, from summary judgment to injunctions. SQE1 tests the procedure for applications, the tests for summary judgment and strike out, and the principles governing interim injunctions.
What "Interim applications & injunctions" covers
- Interim applications are made on notice using an application notice (form N244) supported by evidence, usually a witness statement (CPR 23).
- Summary judgment may be given where a party has no real prospect of succeeding on the claim or defence and there is no other compelling reason for a trial (CPR 24).
- The court may strike out a statement of case that discloses no reasonable grounds, is an abuse of process, or breaches a rule or order (CPR 3.4).
- Default judgment may be entered where a defendant fails to file an acknowledgment of service or a defence in time (CPR 12).
- For without-notice applications the applicant owes a duty of full and frank disclosure of all material facts, including those adverse to its case.
- An interim injunction is governed by the American Cyanamid principles: is there a serious issue to be tried, would damages be an adequate remedy, and where does the balance of convenience lie.
- An applicant for an interim injunction must usually give a cross-undertaking in damages to compensate the respondent if the injunction proves to have been wrongly granted.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For interim applications & injunctions, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Misstating the summary judgment test — it is 'no real prospect of success' and no other compelling reason for trial.
- Overlooking the duty of full and frank disclosure on without-notice applications, breach of which can lead to the order being set aside.
- Forgetting the cross-undertaking in damages required as the price of an interim injunction.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on interim applications & injunctions.
FAQ
Is interim applications & injunctions tested on SQE1?
Yes — interim applications & injunctions is part of the SQE1 Dispute Resolution syllabus (FLK1) and can appear in single best answer questions.
How is interim applications & injunctions examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (CPR Part 23 (applications), CPR Part 24 (summary judgment)) helps.