The court criticised the failure of applicants for an order made not on notice to follow good practice. Applications not on notice should be made only where there was real urgency. The more serious the allegations made the greater was the need to keep proper records and for openness. An applying party should normally provide a witness statement. It was not proper to rely upon the courts’ recording system, and a duty fell on both solicitors and counsel attending to keep a full note of what transpired to supply as neceesary to the other party.
Judges:
Pumfrey J
Citations:
Times 21-Dec-2005, [2005] EWHC 3180 (Pat)
Links:
Jurisdiction:
England and Wales
Litigation Practice, Intellectual Property
Updated: 06 August 2022; Ref: scu.236668
