Applications Without Notice

Applications without notice in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]All applications should be made on notice, even if that notice has to be short, unless: • any rule or Practice Direction provides that the application may be made without notice; or • there are good reasons for making the application without notice, for example, because notice would might defeat the object of the application. Where an application without notice does not involve giving undertakings to the court, it will normally be made and dealt with on paper, as, for example, applications for permission to serve the claim form out of the jurisdiction, and applications for an extension of time in which to serve a claim form. Any application for an interim injunction or similar remedy will require an oral hearing. A party wishing to make an application without notice which requires an oral hearing before a judge should contact the Technology and Construction Court Registry at the earliest opportunity. If a party wishes to make an application without notice at a time when no Technology and Construction Court judge is available, he should apply to the Queen’s Bench Judge Chambers. On all applications without notice it is the duty of the applicant and those representing him: • to make full and frank disclosure of all matters relevant to the application; • to ensure that a note of the hearing of the without notice application, the evidence and skeleton argument in support and any order made all be served with the order or as soon as possible thereafter. The papers lodged the application should include two copies of a draft of the order sought. Save in exceptional circumstances where time is not met, all the evidence relied upon in support of the application and any other relevant documents must be lodged in advance with the Technology and Construction Court Registry. If the application is urgent, the Registry should be informed of the fact and of the reasons for the urgency. Counsel’s estimate of reading time likely to be required by the Technology and Construction Court should also be provided.