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The Civil Procedure Rules Ten Years On$
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Déirdre Dwyer

Print publication date: 2009

Print ISBN-13: 9780199576883

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199576883.001.0001

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Disputes of Fact in Interim Applications

Disputes of Fact in Interim Applications

Chapter:
(p.270) (p.271) 13 Disputes of Fact in Interim Applications
Source:
The Civil Procedure Rules Ten Years On
Author(s):

Stuart Sime

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199576883.003.0013

Interim applications provide the means for getting before a procedural judge to obtain orders preserving the position until trial and for adjustments to the timetable laid down by the Civil Procedure Rules (CPR) and case management directions. Applications cover a wide range of orders, and raise an even wider range of issues. This chapter considers the fact finding process in interim hearings, how lawyers attack the other side's evidence, and the different approaches taken by the courts in dealing with such conflicts on different types of application. In particular, the chapter considers differences between issues which will also fall for decision at trial and those which only arise on interim applications, the different standards of proof demanded in different contexts, and whether a coherent set of principles emerges from the authorities.

Keywords:   interim applications, Civil Procedure Rules, CPR, case management, fact finding process, interim hearings

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