Applications — overviewForms of Address for the Judiciary

There are certain protocols that need to be followed when addressing members of the judiciary. These protocols apply both to communications by way of correspondence and when addressing the judiciary in court.

Making an application

Applications should be made so that they can be considered at the Case Management Conference, allocation or listing hearing or pre-trial review, although they can be made at other times. The Civil Procedure Rules set out the documents required for an application, what those documents should contain and the procedure to be adopted. There are specific issues which cannot be addressed in an application, for example, any contention that a party does not consider is properly arguable. Applications may be heard by a master, district judge or judge but only a judge can make certain orders, for example, search orders or freezing orders. The court will need to be satisfied by the evidence of the facts relied upon before it will grant any orders requested.

Serving documents on the respondent

Different rules apply for applications made with notice and those made without. The procedures are set out in the CPR. Some courts have specific rules which must also be adhered to. For example, the Commercial Court requires the applicant, and not the court, to serve the application notice and supporting evidence.

Hearing applications

Timetables apply prior to the hearing to ensure that all relevant documentation is made available to the respondent and the court. The timetable will differ depending on which court is hearing the application. Courts are making increasing use of telephone and video-conferencing for hearings. In the district registries and county courts, specific hearings (such as allocation hearings) are by telephone unless the court orders otherwise. The CPR and other sources set out how the court will conduct a telephone hearing.

Courts can make an order without a hearing in certain circumstances.

Transcripts - High Court

It should be possible to obtain a transcript of any hearing in open court by appointing a transcriber and completing the relevant form. It is also possible to arrange for 'live' or 'real time' recordings of court hearings though these must be arranged in advance of the hearings.

Applying for orders by consent

If parties are legally represented then they can agree certain judgments and orders without the court's approval. Where the judgment or order does not deal with the issue of the costs then none are payable. If they are not, then the parties can apply to the court for an order in the agreed terms. The documents required to do this and the procedure required are set out in the CPR.

Applications without notice

Applications can be made without notice in certain circumstances, for example, in cases of exceptional urgency. The applicant will owe a duty to the court to disclose everything relevant to the application, even if unhelpful to his own case. An application for an injunction will also require undertakings by the applicant.

After an application without notice has been granted or dismissed, the applicant must, unless the court orders otherwise, serve on the respondent the court order, copy application notice and evidence in support.

Applications in the Commercial Court

Specific rules apply in relation to applications in the Commercial Court. The application notice is filed at court and then the applicant must serve it, and the supporting evidence, on the respondent. The timetable applicable will vary depending on the length of the hearing. Applications can made prior to commencing proceedings. An application is then made to a Commercial Court judge supported by written evidence that the intention is to bring the proceedings in the commercial list.

Amending orders

In certain circumstances, a party may wish to have an order varied, revoked or corrected. A party, and in some circumstances a non-party, can apply to have an order varied or revoked before sealing and varied, revoked or corrected after sealing.

Amending judgments - before handing down

Often, at the end of a hearing, a judge will reserve judgment and subsequently circulate a draft to the parties. A party, and in some circumstances a non-party, can apply for a judgment to be corrected or reviewed before it is handed down.

Amending judgments - after handing down

In certain circumstances, a party may wish to apply for a judgment to be corrected, varied or revoked, even after it has been handed down. A party, and in some circumstances a non-party, can apply to have a judgment corrected, set aside or varied. However, these rules should not be used in place of the appeal process.

Reference to the European Court

The Court of Justice of the European Communities (European Court) can give a preliminary ruling on the law of the European Union, the validity of acts of the institutions of the Community and the validity of acts of secondary legislation by which Member States implement Community law. If a party wishes to obtain a preliminary ruling, it must apply to the English court for a 'reference' to the European Court. There are set rules as to which courts may/must make a reference to the European Court. There are also set rules about what the reference must contain. While the content of the reference is the court's responsibility, the court may direct the parties to produce a draft.