Where a party to litigation made an ex parte application, there was a clear duty on the legal representative attending to make full notes of the hearing so that, if the opposing party sought in any way to challenge what had happened, a record would be available to assist the court in considering the challenge. He must also supply a copy of the notes to the other party.
Judges:
Lightman J
Citations:
Times 10-Nov-1999
Jurisdiction:
England and Wales
Cited by:
Cited – Thane Investments Ltd and Another v Tomlinson ChD 6-Dec-2002
The claimants had obtained an ex parte freezing order. The respondent complained that they had failed to provide full notes of the hearing as required.
Held: It was vital that those obtaining ex parte relief should comply with the . .
Cited – W v H (Family Division: without notice orders) FD 10-Jul-2000
Munby J considered the practice to be followed in the Family Division when injunctions are granted ex parte and without notice against third parties in ancillary relief cases.
Held: The court traced the history of undertakings in damages give . .
Cited – Kelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 08 May 2022; Ref: scu.89762
