Mandeep Gill: Without Notice Applications

In the case of B-v-A [2012] EWHC 3127 (Fam) Mr Justice Charles delivered a Judgment on 10 December 2012 which is worthwhile bringing to the attention of practitioners. 

This case provides practitioners with a reminder of the correct procedure to be used when making without notice applications and the continuance of Tipstaff Orders.

Before this case recent guidance on without notice relief was given by Mrs Justice Theis in  KY v DD (Injunctions) [2011] EWHC 1277(Fam)  [2012] 2 FLR 200

Clear guidance was also previously given by Mr Justice Munby (as he then was) in both Re W (Ex Parte Orders) [2000] 2 FLR 927 and Re S (Ex Parte Orders) [2001] 1 FLR 308 and by Mr Justice Charles in B Borough Council v S & Anor [2006] EWHC 2584 (Fam).

In this case Mr Justice Charles stated that there were "endemic failures by practitioners and Judges in the Family Division to apply the principles and procedures relating to without notice applications."

Essentially a father made an application under The Hague Convention for a return of the parties'...

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