Rule 20.3 Time when an order for an interim remedy may be made

(1)

An order for an interim remedy may be made at any time, including—

(a)

before proceedings are started; and

(b)

after judgment has been given.

(Rule 5.3 provides that proceedings are started when the court issues an application form.)

(2)

However—

(a)

paragraph (1) is subject to any rule, practice direction or other enactment which provides otherwise; and

(b)

the court may grant an interim remedy before an application has been started only if—

(i)

the matter is urgent; or

(ii)

it is otherwise desirable to do so in the interests of justice.

(3)

Where the court grants an interim remedy before an application has been started, it will give directions requiring an application to be started.

(4)

The court need not direct that an application be started where the application is made under section 33 of the Senior Courts Act 1981 or section 52 of the County Courts Act 1984 M1 (order for disclosure, inspection etc. before starting an application).

Annotations

Marginal citations

M1: Section 52 was amended by section 10 of and paragraph 2(2) of Schedule 2 to the Civil Procedure Act 1997 and by article 6(b) of the Civil Procedure (Modification of Enactments) Order 1998 and by section 125(3) of and paragraph 43 of Schedule 18 to the Courts and Legal Services Act 1990.