ABSTRACT

There may be excellent reasons for this. You have no duty to make enquiries, unless you are asked to do so by the court. However, check who was supposed to serve them with notice; this can be particularly confusing in family proceedings. The court will probably want to know about relevant correspondence and telephone conversations with the other side. Otherwise, you are perfectly entitled to, and should, proceed with your application (or ask for the other side’s application to be dismissed) in the absence of opposition. Needless to say, you are likely to win (although, if you were expecting them to turn up, the court may very well give them the benefit of the doubt). However, beware any procedural shortcomings in the preparation of your case. Without anyone to take issue, the court may take it upon itself to police such points with vigilance. Be prepared to explain why such a course will not result in injustice. Explain yourself in terms of the CPR ‘overriding objective’. Remember too that the court has power to, and is often very ready to, set aside a judgement which is entered in the absence of a party. You should ensure that your client is aware that it is not necessarily the end of the matter.