With notice Vs Without Notice

With notice application

Application where notice is given to the other party that an application has been made

Meaning of “with notice”

Other party is informed before the hearing

Documents served (with notice)

Application notice + witness statement/affidavit + notice of hearing must be served

Timing of service (with notice)

As soon as practicable and at least 3 clear days before hearing

Draft order (with notice)

Must also serve draft order at same time as application and evidence

Filing draft order

Filed at court with application and provided electronically if required

Affidavit vs witness statement

Affidavit used mainly for certain applications (e.g. freezing injunctions), otherwise witness statement is standard

Interim injunction (with notice)

Must serve application notice, draft order, evidence and hearing details at least 3 clear days before hearing

Draft order in interim injunction (with notice)

Required IJ

Without notice application

Application made without informing the other party in advance

Meaning of “without notice”

No prior notice is given to respondent

When without notice used

Exceptional urgency or where secrecy is required (e.g. freezing injunction)

Purpose of secrecy

To prevent respondent from acting to defeat the order

Other grounds for without notice

Court permits, parties agree, or overriding objective supports it

Evidence requirement (without notice)

Evidence must explain why no notice was given

Duty of disclosure (without notice)

Applicant must give full and frank disclosure including respondent’s likely arguments

Attempt to notify (without notice)

Applicant should try to inform respondent unless secrecy required

Court approach (without notice)

Court may deal with application without a hearing

Urgent interim injunction timing

Application notice, draft order and evidence must be filed at least 2 hours before hearing (if possible)

Post-hearing service (without notice)

Application notice, evidence and order must be served ASAP after hearing

Right to challenge (without notice)

Respondent can apply to set aside or vary within 7 days

Without Notice Application granted

Serve a copy of the order, the application notice, witness statement/affadavit, and a note of a hearing ASAP