Contributed By Pérez-Llorca
The SCPA allows the parties to start preliminary proceedings, which are usually aimed at collecting information or documents required to prepare for a forthcoming lawsuit.
To obtain remedies from the court before the proceedings commence, the SCPA provides the parties with the possibility of seeking injunctions in order for the court to rule on precautionary measures, which is the common remedy sought by the parties to obtain protection in case a favourable judgment is rendered.
Procedural matters are addressed by the defendant in the statement of defence and the court shall render a decision on them at the pre-trial hearing. Depending on the outcome of such decision the proceedings may be stayed until the matter at issue is rectified or closed if the matter is irremediable.
These procedural matters are tackled at the beginning of the pre-trial hearing and decided by the court after having heard the parties’ allegations.
See section 4.1 Interim Applications/Motions and also all these matters related to procedural requirements.
The SCPA foresees the procedure by which parties who are neither claimants nor defendants can intervene in the proceedings.
The parties who prove having a direct and legitimate interest in the outcome of the case can apply to join the proceedings. In such case, the claimant and the defendant shall be given the opportunity to make allegations and once the court has heard both, it shall rule on the admissibility of the request to intervene.
Claimants can also call a third party to intervene in the proceedings, who has certain interest on the outcome of the case and is given the same opportunities to act and defend itself as the parties in the proceedings.
The SCPA does not allow a defendant to apply for an order that the plaintiff must pay a sum of money as security for the defendant’s costs.
The general rules on costs established by the SCPA apply when awarding or denying costs of interim motions. See section 11 Costs below.
The timeframe for a court to deal with a motion depends on the type of motion requested. For instance, motions to stay proceedings or motions asking the court to grant an injunction on an urgent basis shall be decided by the court promptly. However, the court may take longer to render a decision for other kind of motions, such as the application for third party intervention.