Interim Applications in the Chancery Division: A Guide for Litigants in Person

|General|Guidance

This guide is designed to help litigants in person make or respond to an interim application to the Chancery Division of the High Court.

It aims to explain the steps LiPs need to take, and offers tips on the best way to go about it.

It is based on a similar guide for the Queen’s Bench Division published earlier this year, and has been developed by Mrs Justice Asplin and Lord Justice Briggs.

The guide explains: “An ‘interim’ application involves asking the court to do something, by applying for an order or a direction. It is called ‘interim’ because it is something that you need to ask for before the full trial of the claim.

“Sometimes interim applications concern aspects of the management of a case, such as fixing a trial date. More often they are applications for interim injunctions, where a party (one side in a case) asks the court to deal with actual or prevent a threatened injustice where it may be too late to have it dealt with at trial. An example of this would be an application to prevent a party from selling the property in dispute in the proceedings before the trial can take place. In that case, the injunction (the order preventing the sale) would last, at most, until a full trial can take place.

“More examples of the kind of issues commonly dealt with by the applications judges are freezing assets until trial to prevent them being dissipated, enforcing garden leave or covenants in a contracts of employment until trial, delivery up of documents and restraining advertisement of winding up petitions.”