CIVIL PROCEDURE BACK TO BASICS 48: AN APPLICATION TO SET ASIDE AN ORDER MADE WITHOUT NOTICE IS A REHEARING AND NOT A REVIEW (& NO NEED TO WORRY ABOUT THE TIBBLES CRITERIA GETTING ITS CLAWS INTO THE CASE EITHER)
One point that arose from the Court of Appeal decision in Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103 contains observations which indicate that it is easy to lose sight of a basic point in relation to orders…
THINKING OF MAKING AN APPLICATION FOR A WITHOUT NOTICE INJUNCTION? BEST READ THIS JUDGMENT
Any public body, indeed anyone, considering making an application for a without notice injunction is best advised to read the judgment of Mr Justice Warby in Birmingham City Council v Afsar & Ors [2019] EWHC 1560 (QB). “Urgency can…
WITHOUT NOTICE INJUNCTIONS 1: CLAIMANT’S APPLICATION FOR AN INJUNCTION GOES DOWN THE PAN
The judgment in Brothers Enterprises Ltd v New World Hospitality UK Ltd [2017] EWHC 2455 (Ch) has only recently arrived on BAILLI. However it is a case that shows the importance of disclosure in relation to without notice injunctions. What…
WITHOUT NOTICE APPLICATIONS: THE DUTY OF FULL AND FAIR DISCLOSURE – A CASE THAT ILLUSTRATES THE POINT
There is an interesting discussion of the duty to give full and fair disclosure in the judgment of HHJ Klein (sitting as a High Court judge) in Wild Brain Family International Ltd v Robson & Anor [2018] EWHC 3163 (Ch). …
SERVICE ON INSURER ALLOWED WHEN DRIVER COULD NOT BE IDENTIFIED: FACT THAT INSURER HAD AN ORDER DECLARING THE POLICY VOID NOT RELEVANT TO THIS ISSUE
In Farah v Abdullahi & Ors [2018] EWHC 738 (QB) Master Davison rejected an application by an insurer to set aside an order that allowed service of an unnamed driver upon the insurer. It was irrelevant that the insurer had obtained…
LAST REMINDER OF NEW YEAR’S RESOLUTION FOR 2017: WITHOUT NOTICE APPLICATIONS ARE SO, SO, DANGEROUS: THE DUTY OF FULL DISCLOSURE EXTENDS TO WEAKNESSES IN YOUR OWN CASE
The one New Year’s Resolution I recommended to litigators for 2017 was to be very, very, wary of without notice applications. As we get near to the end of the year this advice is borne out by the judgment of…
MICROSOFT, SERVICE AND FULL AND FRANK DISCLOSURE: HIGH COURT JUDGE SAYS “NO”
One feature of this blog for this year has been the duty owed by litigants making without notice applications. Another example of the problems caused can be seen in the judgment on Mr Justice Marcus Smith in Microsoft Mobile OY…
THE DUTY ON EX PARTE APPLICATIONS: SOLICITOR INVOLVED NOT ALLOWED TO APPEAL TO THE COURT OF APPEAL AGAINST FINDINGS AGAINST HIM
I am returning to the question of the lawyer’s duty on without notice applications. In March 2015 we looked at the case of Boreh -v- Republic of Djibouti [2015] EWHC 769 (Comm) where Mr Justice Flaux made a clear and unequivocal…
THE DUTY OF FULL DISCLOSURE ON WITHOUT NOTICE APPLICATIONS: ANOTHER EXAMPLE OF PROBLEMS OCCURRING
The New Year’s resolution for litigators that I recommended this year came (apparently) as a surprise to many: “Think very carefully before, during and after, making an ex parte application of any kind.” The judgment of Mrs Justice Andrews DBE…
A NEW YEAR'S RESOLUTION FOR 2017 : EX PARTE APPLICATIONS ARE NO PARTY (AND CAN LEAD TO CRYING)
Last year I had 10 new year’s resolutions for litigators. This year I have one. (The resolutions from last year remain current but one resolution is easier to keep) THINK VERY CAREFULLY BEFORE, DURING AND AFTER, MAKING AN EX-PARTE APPLICATION…
MORE ON "CHANGING" WITNESS STATEMENTS AND CREDIBILITY: A CLINICAL NEGLIGENCE CASE
A post yesterday commented upon the difficulties caused when a witness produces two (sometimes contradictory) witness statements. Another example of witness evidence leading to problems at trial can be seen in the judgment of HH Judge Collender QC (sitting as…
FOOTBALL, SEX, INJUNCTIONS AND MATERIAL NON-DISCLOSURE: BE CAREFUL NOT TO GET ON THE JUDGE'S OFFSIDE
In YXB -v- TNO Mr Justice Warby set out the importance of full and frank disclosure on parties making an application for an ex-parte injunction. It also reiterates the importance of claimants giving direct evidence whenever possible and the dangers…
THE DUTIES OWED TO THE COURT ON A WITHOUT NOTICE APPLICATION: A VERY HIGH STANDARD
In Standard Bank -v- Just Oil LLC [2014] EWHC 2687 (Comm) the Hon Mr Justice Walker considered the duties owed when a party makes an without notice application to the court. Strong words are said. THE FACTS The claimant had…
FREEZING ORDERS AND THE DUTIES OWED ON EX PARTE APPLICATIONS: NUCLEAR WEAPONS THAT CAN BLOW UP IN YOUR FACE
COOKE -v- VENULUM PROPERTY INVESTMENTS LTD [2013] EWHC 4288 Freezing orders are part of the “nuclear weapons” of civil litigation. As such they should be approached with extreme care. This case illustrates the dangers involved when a party seeks a…