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 by litigants in the family division seeking interim injunctions.
As to the Interoute case, ‘I am not pursuaded that Lightman J.’s approach can simply be imposed without more ado in the Family Division. The circumstances in which ex parte relief is obtained in the Family Division vary very widely. Moreover, as cases such as Khreino v Khreino (No.2) (court’s power to grant injunctions) [2000] 1 FCR 80 so vividly illustrate, such relief is often granted in the Family Division in circumstances very far removed indeed from any circumstances in which ex parte relief is ever normally granted in the Chancery Division.’
Judges:
Munby J
Citations:
[2001] 1 All ER 300
Citing:
Cited – Interoute Telecommunications (UK) Ltd v Fashion Gossip Ltd and Others ChD 10-Nov-1999
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 . .
Cited by:
Cited – Smithkline Beecham Plc and others v Apotex Europe Ltd and others PatC 26-Jul-2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions.
Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against . .
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.
Family, Litigation Practice
Updated: 30 April 2022; Ref: scu.231211