THE DANGERS OF WITHOUT NOTICE APPLICATIONS: THE WHOLE TRUTH IS THE ONLY OPTION

Since the advent of CPR 3.3 and  CPR 23.8 and 9 there appears to have been a growth in the number of applications made without notice.  Two recent cases highlight the very onerous duty on a party making such an application to disclose all relevant facts.  Here we look at those cases; the strict natu...