without notice application

The Civil Procedure Rules specifically provide for without notice applications for certain types of orders. Amongst them are applications for freezing orders and search orders; other include orders for charging orders and other enforcement proceedings.

These orders are usually sought without notice to the intended defendant as notice will be more likely than not to destroy the purpose of making the order for relief. 

In UK legal proceedings, it is a fundamental premise that the defendant be entitled to be heard before an order is made against them. Applications without notice (formerly known as ex parte applications) are, by definition, made in the absence of the defendant. In these circumstances, the Court imposes a number of obligations upon an applicant.

Usage: A without notice application is one where the usual court timetables have not been complied with

Related Words: litigation; claim form; application notice.