Does an "application" mean the same as a "claim" in the CPR?

[Bobthelog]

Hi,

I am hoping someone can help me. This is the first of two (maybe more) posts. I am bringing a claim in the high court and think the court have made a mistake. Could someone simply respond as to whether in the eyes of the CPR does an "application" mean the same as a "claim". For example, in the case as a whole I am the Claimant and "X" is the Defendant.

The Defendant, "X" made an application for me to do something. So in that application is "X" now the Claimant and I am the Defendant to that application?

I know this sounds really stupid but my head's whirring here!

Basically, I want to claim costs on their failed application, so would the CPR rules about a failed "CLAIM" all apply to their failed application?

So much appreciated if you could help!

[R0b]

Hello,

A "Claim" is not the same as an "Application".

"Claims" are a reference to the claim form which is generally used to initiate legal proceedings. For example, Form N1 is the claim form used to bring a claim against another party to settle a dispute.

An "Application" is a shortened term for "Application Notice" and is defined in the Civil Procedure Rules as being an application in which the applicant intends to seek a court order. So a party making the application would be called the applicant and the other party to the application will be the respondent(s) and it is done this way because it is possible for claimants, defendants and third parties to make an application. Therefore the claimant or defendant will not always be the applicant and these references are used to avoid mix-ups. The general rule is that if you want the court to do something, you need to make an application. Common examples of this would be, an application to strike out a claim or defence, for summary judgment, an order to disclose information, to seek an injunction or to set aside a default judgment.

If your case is being dealt with by the High Court and you successful defend/resist the application, then the usual cost rules apply unless the court states otherwise. You need to ask for costs at the time of the hearing and not afterwards and depending on the High Court division, there are additional rules that you are expected to comply with.

Failed applications do not necessarily mean the claim has failed. In the absence of a judge making a decision following a hearing, there are limited ways in which a claim can be brought to an end. This would be for example n application to strike out the whole claim or seek summary judgment. Applications for disclosure of documents does not mean the claim fails as a whole because the applicant was not successful.

[Bobthelog]

Hi, thank you very much. So can I also ask you this:

There was an application, call it XYZ application, which was set to be “heard”. The application was withdrawn. No one knew whether the hearing was still going ahead so another application was sent to vacate the hearing.

The court issued an order saying:

The hearing of the XYZ application is dismissed.

does this mean ONLY the hearing is dismissed or does it mean the entire XYZ application is dismissed?

many thanks!

[R0b]

The order does what it says on the tin, XYZ application is dismissed and any underling claim will continue unless the court dismisses that too