Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Without notice applications
"THIS APPLICATION WAS A SIGNIFICANT ABUSE OF THE PROCEDURES ... AND SHOULD NEVER HAVE BEEN MADE": THE ADMINISTRATIVE COURT, DUTIES TO THE COURT AND THE HAMID JURISDICTION

“THIS APPLICATION WAS A SIGNIFICANT ABUSE OF THE PROCEDURES … AND SHOULD NEVER HAVE BEEN MADE”: THE ADMINISTRATIVE COURT, DUTIES TO THE COURT AND THE HAMID JURISDICTION

March 17, 2021 · by gexall · in Civil Procedure, Clinical Negligence, Conduct

In  the judgment today in  DVP & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWHC 606 (Admin) the Administrative Court exercised considered a case referred to it under the “Hamid” jurisdiction…

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)

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)

July 2, 2019 · by gexall · in Applications, Setting aside judgment

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

THINKING OF MAKING AN APPLICATION FOR A WITHOUT NOTICE INJUNCTION? BEST READ THIS JUDGMENT

June 19, 2019 · by gexall · in Applications, Conduct

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

WITHOUT NOTICE INJUNCTIONS 1: CLAIMANT’S APPLICATION FOR AN INJUNCTION GOES DOWN THE PAN

June 19, 2019 · by gexall · in Applications, Conduct, Injunctions, Witness statements

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

WITHOUT NOTICE APPLICATIONS: THE DUTY OF FULL AND FAIR DISCLOSURE – A CASE THAT ILLUSTRATES THE POINT

April 23, 2019 · by gexall · in Applications, Civil Procedure, Injunctions

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

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

April 22, 2018 · by gexall · in Civil Procedure, Service of the claim form, Serving documents

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

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

December 18, 2017 · by gexall · in Applications, Avoiding negligence claims, Conduct, Injunctions

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"

MICROSOFT, SERVICE AND FULL AND FRANK DISCLOSURE: HIGH COURT JUDGE SAYS “NO”

February 28, 2017 · by gexall · in Applications, Civil Procedure, Service of the claim form

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

February 12, 2017 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Conduct, Injunctions

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

February 3, 2017 · by gexall · in Applications, Extensions of time, Service of the claim form

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)

January 2, 2017 · by gexall · in Civil evidence, Civil Procedure, Conduct, Injunctions, Uncategorized, Useful links

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

May 18, 2015 · by gexall · in Civil evidence, Civil Procedure, Liability, Rule Changes

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

March 26, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure

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

October 14, 2014 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Witness statements, Written advocacy

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

February 19, 2014 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs

 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…

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2023. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 31,047 other subscribers

Recent Posts

  • FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
  • ITS OFFICIAL – THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • DELAY BY THE CLAIMANT WAS NOT “WAREHOUSING” AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • UNDERSTANDING THE LAW RELATING TO FATAL ACCIDENTS: WEBINAR 8th FEBRUARY 2023
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE

Top Posts & Pages

  • FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
  • ITS OFFICIAL - THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • DELAY BY THE CLAIMANT WAS NOT "WAREHOUSING" AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE
  • WHAT IS THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER? THE ENTRIES

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • Website of 4 – 5 Gray's Inn Square
  • Website of 4-5 Gray's Inn Square, Catastrophic Injury Group
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2023 Civil Litigation Brief

Powered by WordPress and Origin