BENNETT TELLING BULLSHIT LIES AGAIN...........EX-PARTE THE MEANING OF IT

EX PARTE WHICH IS NOW CALLED WITHOUT NOTICE APPLICATION

without notice application

1.

The Civil Procedure Rules specifically provide for without notice applications for certain types of orders. Amongst them are applications for freezing orders and search orders; other include orders for charging orders and other enforcement proceedings. These orders are usually sought without notice to the intended defendant as notice will be more likely than not to destroy the purpose of making the order for relief.  Interim injunctions include quia timet injunctions, freezing orders and search orders.  

In UK legal proceedings, it is a fundamental premise that the defendant be entitled to be heard before an order is made against them. Applications without notice (formerly known as ex parte applications) are, by definition, made in the absence of the defendant. In these circumstances, the Court imposes a number of obligations upon an applicant.

The Court will require:

1. evidence setting out the reasons why the application for the interim injunction is made without notice;
2. evidence in support of the application
3. a fair presentation of the application
4. the applicant to give full and frank disclosure of all relevant matters which are relevant to the Court’s assessment of the application;
5. the applicant to give a cross-undertaking in damages. The Court will usually require the applicant to fortify the cross-undertaking in damages, particularly where they are a foreign defendant;
6. the solicitors and counsel in attendance at the hearing of the application must make detailed notes of all the proceedings before the judge and make it available to the defendant as soon as possible, as well as any other person who may be affected by the grant of the order;