DR - interim orders - without notice

Question 1

Without Notice: When can a ‘without notice’ application for an interim order be made?

Answer 1

• there is exceptional urgency 🚨
• the overriding objective is best furthered by doing so. 🤫
• all parties consent 🤝
• the court gives permission 👨‍⚖️
• a court order, rule or practice direction permits, or 🇬🇧
• a date for the hearing has been fixed, a party wishes to make an application at that hearing, and the party does not have sufficient time to serve an application notice. The party should still inform the other party and court as soon as is possible. 🕰️

Question 2

Without Notice: What are the safeguards for without notice hearings?

Answer 2

• the applicant must explain why no notice is given. 🤷‍♀️🤫
• the applicant must provide evidence in support of the respondent’s position. 📑
• the applicant must serve the respondent as soon as possible 📮after the hearing whether or not the court has granted the relief sought including:-
  a) the application notice 📝
  b) the evidence in support 📑
  c) the order 👨‍⚖️
• the court order must contain a statement of the respondent’s right to make an application to set aside or vary the order. 🫵

Question 3

Without Notice: When must the respondent in a without notice interim application make an application to set aside or vary an order made?

Answer 3

within 7 days of the order being served.