Application Without Notice

A plain English term for an ex parte motion, which refers under the new English Civil Procedure Rules, to an application made in court without notice to the defendant, usually for a Civil Search Order (Anton Piller Order) or Freezing (Mareva) Injunction. Applications without notice are supposed to be used only in exceptional circumstances, where it is perceived and can be reasonably argued that prior notice of the motion (referred to usually as an “application”) might lead the other party to destroy evidence or remove assets from the court’s jurisdiction. See Restraining Order.

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