Family Court Applications Without Notice

An excellent article by District Judge Julie Exton in the Law Society Gazette (www.lawgazette.co.uk) on 4 August 2014, focuses on the guidance given by Mostyn J.

As the Senior Family Division Judge, the guidance given will be closely followed by judges and therefore litigants should take careful note.

There has to be a good reason not to give notice. The thrust is whether the Respondent would take steps to defeat the purpose of the injunction, if he or she was notified in advance, or where the matter is so urgent there is no time to give notice.

There must be full disclosure, and even giving some notice will help get an Order.  Think of   email, phone, text or social media.

“We are going to Court number 51 The Royal Courts of Justice, Strand at WC2 today at 2pm to seek an injunction against you. Our Counsel is Mr Bloggs of X Chambers, phone etc” might swing it.

The applicant has to give various undertakings, e.g. or to third parties not to use information obtained for other purposes without permission, and pay damages if it turns out a full hearing it should not have been granted,

An order like this, often a Freezing Order,  has to say why no notice, not even short informal notice has not been given to the Respondent.

Subject to that these restrictions however the Family Courts lead the way in flexibility and thinking outside the box with all sorts of things that would be unthinkable years ago such as service by social media, email, Twitter, Link-in etc.

One need hardly add that expert legal advice is a must.

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