4. How is the hearing of an interlocutory application conducted?
The summons for an interlocutory application is heard by a judge or a master on a date fixed by the court.
At the hearing, the parties do not have to call witnesses to give evidence. The court only considers the evidence in the affidavits or affirmations. It assesses the reliability of the affidavit or affirmation evidence and decides how much weight should be given to the evidence. (Note, however, that the court can order a deponent of an affidavit or affirmation to attend the hearing for cross-examination (to be questioned by the lawyers). If the deponent does not attend the court hearing, his affidavit or affirmation may not be used as evidence.)
As to the order of making speeches (presenting their own case), the applying party argues the case first, followed by the opposing party. The applying party has the right to make a reply to any points put forward by the opposing party.
The judge or the master may make an order or pass a judgment at the end of the hearing, or at a later date. Costs are normally ordered against the party who fails (looses) at the hearing. The costs may have to be paid immediately, or at the end of the full trial.
For the preparation of an interlocutory summons for a hearing, please refer to Practice Direction 5.4 (Preparation of Interlocutory Summons and Appeals to Judge in Chambers for Hearing) .
Print
Email