CiteTEXT
...Stagecoach Selkent was to apply to the Industrial Tribunal for the ex parte order granting leave to amend to be set aside, not to appeal against it. As the order was made ex parte, the Industrial ...had power to reconsider it and to confirm, discharge or vary it after hearing the objections of Stagecoach Selkent. Mr Symonds relied on the observations of this Tribunal on ex parte orders by Industrial Tribunals in Redding...may order the amendment ex parte without doing so. If that course is adopted and the other side then objects, the Industrial Tribunal should consider those objections and decide whether to affirm, rescind or vary the ...
...heard an ex parte application for an order that two named individuals would not harass the plaintiff. He decided that the application should be on notice to those individuals, rather than by way of an...ex parte application. He declined to make an ex parte order and he adjourned the application to permit the plaintiff to put the two named individuals on notice. This emergency application has been...review including that the plaintiff could have appealed the refusal to grant an ex parte order. Accordingly on that ground and that ground alone I refuse leave to bring a judicial review application...
...abstract terms: can a putative Plaintiff who has unsuccessfully made an ex parte application to the High Court to restore a Writ of Summons subsequently apply to the court for an order setting aside the...Bell’s order of 29th July 2008, refusing the Plaintiff’s ex parte application to restore the Writ, be set aside? … I propose … to deal with this issue only …. The Master answered this question in the..., framed in the following terms: And it is ordered that the Plaintiff’s application that the ex parte order of Master Bell made herein on 29th July 2008 be set aside. (b) And it is hereby...
...1. This is an application by the Claimant to set aside an order made by me ex parte (that is, without notice to the Claimant) on Monday 8 March 2010. The return date was Wednesday 10 March and i...proceeded ex parte, failed to disclose material matters and misrepresented others. The First Defendant does not accept that the order should be set aside for any of the reasons advanced on behalf of the...Claimant. The ex parte order2. The order sought and obtained ex parte was designed to ensure that the hearing of an application issued by the Claimant for a receiv...
...any report of this judgment should be anonymised. 2. The application before me is made by the respondent, is dated 5 February 2014 and seeks the discharge of an order made ex parte by District Judge Reid in ...led to the applicant applying ex parte for the order on 20 December 2013, but the order that was made on that day provided as follows: (i) That the respondent was forbidden from going...listed on 16 May 2014, just under six months from the date of the original order, for reconsideration. 6. The power to make an ex parte order in proceedings under Part IV of the Family...
...Overview1. This judgment relates to issues arising from an order granted by Miles J on 4 March 2021 (the "Ex Parte Order") following the ex parte and without notice ap...time at which the Ex Parte Order was served on Mr Turk (particularly in relation to the short time between service and the hearing on 18 March), the stage of the...Parte Order was...
...Respondents Park Communications Limited was joined in the proceedings by order of the Chairman of the Tribunal in October 1992. The joinder was made on an ex parte written application by the solicitors acting...order, disjoining and dismissing from the proceedings the Respondents made a party on a written ex parte application to the Chairman of the Tribunal. The basis of the argument is that the...those principles in mind he referred to the Rules. He referred to Rule 4(2) which confers power on the tribunal to set aside certain kinds of orders made on ex parte applications: Orders relating to the furnishing of particulars, to...
...District Judge who granted the interim Order took no notes,
nor added any memorandum in the course of the leave application and subsequent
ex parte Hearing on 7th July. It is to be expected in such...[2003] NICA 25 a Resident Magistrate had granted an ex
parte Non-Molestation Order and made provision that it should last for a year.
In respect of the decision to...grant an ex parte Order at all, the Northern
Ireland Court of Appeal had this to say; [6 . We have no
information about the circumstances of the case which influenced the court to...
...of this order (which I will call "the ex parte order"). However, as sanctioned by paragraph 5 of the ex parte order, the claimant was not served with the application notice or the evidenc...know the basis on which the ex parte order was made. The only information provided to them has been a redacted version of the defendant's skeleton argument for the hearing on 7 August 2014. This...argument which presumably explained the nature of this alleged change of circumstances have been blanked out. The claimant's application to set aside the ex parte order14...
..., directly or indirectly, without the authority of the court. [2] On 18 January 2018, I granted a Mareva Injunction following an ex-parte hearing. In this application by the respondent, I have been asked to set asi...aside the ex-parte Order, Ms O Grady QC leads MsR Lyle for the respondent husband. Mr Orr QC leads Ms P O Kane for the petitioner. I am grateful to counsel for their submissions. The Ex...or other institution . In other words the order, as issued, went far beyond the order which I had made. [11] The ex-parte order contained two standard provisions, namely that the...
...on an ex parte basis, the order has been continued from time to time by consent. 2. On 14th December, 2011, the respondents issued a motion whereby they sought to have the...jurisdiction to set aside an order made ex parte is expressly recognised by O. 52, r. 3 RSC which provides that:- “In any case the Court, if satisfied that the delay caused by proceeding by motion...or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise and subject to such...
.... (c) It was suggested on behalf of the Chief Bureau Officer to the court that an appropriate order to make would be a freezing order, ex parte, under..., ex parte, of significant orders, such as Mareva and Anton Pillar orders, which have the effect of freezing ...order on an ex parte basis is a departure from the fundamental rule of fair procedures which entitles a party to be heard before an onerous order is made against...
.... It was a husbands Application for full Non-Molestation and Occupation Orders against his wife. An interim ex parte Order which combined both Non-Molestation and Occupation orders had already been...Resident Magistrate had granted an ex parte Non-Molestation Order and made provision that it should last for a year. In respect of the decision to grant an ex parte Order at all, the Northern Ire...amended (the 1998 Order); Ex parte orders 23.(1)The court may, in any case where it considers that it is just and convenient to do so, make an occupation order or a...
.... 5. None of this material was brought to the attention of Lloyd J or me when Lloyd J made the ex parte order that he did, or when I was asked to extend it. In my view this material goes right...April 2004, that injunction having been granted on an ex parte basis, and which was then extended by me last week in substantially identical terms to that ordered by Lloyd J. 2. The...to the very heart of the claimants' entitlement to relief, and is crucial to whether or not such relief should have been given on an ex parte basis. No criticism is levelled at Mr Tappin, who appears...
....The following day (11th August 2004) the plaintiff applied ex parte to the High Court for an order restraining the defendant from reducing her..., and few more important, than the rule (the golden rule) that a plaintiff applying for ex parte relief must disclose to the court all matters relevant to the exercise of the courts discretio...given on behalf of the defendant was to last only till close of business on August 12th which, in the events that happened, was the day after the application for an ex parte order w...
... ex parte application before that judge. I will return to this aspect of the matter later in the judgment. I am quite satisfied that had the judge had his attention drawn to these statutory provisions when the application wa...consider what must be done in order for an Applicant to bring himself within one or other of the enumerated cases. He points out that if the affidavit grounding the ex parte application fails to show the necessary ...jurisdiction in the courts in the absence of an express statutory provision to the contrary, to set aside an order made ex parte on the application of any party affected by that order. An ex ...
..."initiated" on the day in question. The way in which an appeal from the refusal of an ex parte order is required to be brought under the rules is by initiating or bringing an application...parte refusals are, as already noted, brought by the matter being mentioned to the Supreme Court within four days. The Supreme Court has no greater role in "accepting" jurisdiction where an appeal from an ex ...the provisions of O.58, r.13 of the Rules. That rule provides that an appeal from a refusal of an ex parte order is itself to be made ex parte. As already noted, Mr. Kavanagh's appeal was an ...
...Newman [1995] 2 FLR 754 as follows "An ex parte order should be made only when either there is no time to give the defendant notice to appear, or when...October 2008 he had raped RF. He was released on bail to appear in court on 10 December 2009.(b) Ex parte applications were made by LA for non molestation orders...person should do so.The Family Proceedings Court afforded UJ and RF an opportunity to make representations relating to the order at a full hearing. The full hearing has been...
...order. The basis of the application is in essence that when the Claimants obtained an ex parte order they failed to disclose a material matter and continued to fail to disclose that matter up to the...in that MWS had no claim against TSM capable of supporting the demand for 8.57m. The ex parte order5. TSM and MIC sought an injunction from this court ordering MWS to...consequences of granting the injunction. Any judge of this court when asked to grant an injunction ex parte wishes to know the likely consequences of acceding to the application and making the requested order. If...
...wanted to proceed with her application for an NMO and that the police had served the ex parte order on P on 30 April. The form then continued as follows: Our offices have not had any...there are any further incidents a fresh ex parte application can be made at any time with a new grounding statement. [7] AS's solicitors responded by email asking for the judge to provide his reasoning as to why th...provision in the legislation that allows the extension of an ex parte order and hence the reason he directs that if further incidents occur then a fresh ex parte application can be lodged...