Applications without notice
Applications without notice

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Applications without notice
  • When an application can be without notice
  • The fee
  • Applicant's duties in a without notice application
  • Serving documents after an application without notice—Rule 23.9
  • Setting aside or varying orders made without notice—Rule 23.10
  • CE-File
  • Court specific guidance

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

When an application can be without notice

There is no need to inform other affected parties or serve a copy of the application notice on them:

  1. in cases of exceptional urgency where there is literally no time to give notice. Note: as stated in A v OOO ‘Insurance Company Chubb’, where a matter is merely urgent that does not mean it should proceed ex parte (without notice)

  2. where it best furthers the overriding objective

  3. by consent of all parties

  4. with the court's permission

  5. where notice would provide the other party with time to defeat the purpose of the application (for example, when seeking a search order)

  6. where a hearing date has been fixed and there is not enough time to file and serve a notice (here, the applicant should give informal notice and make the application orally), or

  7. where permitted by court order, rule or practice direction, eg:

    1. service by an alternative method

    2. service out of the jurisdiction

    3. default judgment

    4. certain interim remedies (see Interim and final injunctions—overview)

Note: the concept of an application being with or without notice is not the same as whether the application is

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