without notice

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Describing an application to the court by one party (or side), without the presence of the other. This is usually associated with either (1) actions in which the claimant seeks judicial review from a judge of the High Court or (2) actions in which one party wishes to apply to the court without the other party being aware of it, as in applications for a search order or a freezing injunction. Prior to the Civil Procedure Act 1999 a without notice application was described as ex parte.

Subjects: Law.

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