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Service of application notice and evidence on the respondent where application made without notice

The CPR introduce a new rule that in those cases where an application is made without notice, even where the order applied for is not granted, the applicant has an obligation to serve the application notice and any supporting evidence on the respondent (r 23.9(2)). If the order is granted, the applicant also has an obligation to serve the order, application notice and supporting evidence on the respondent (r 23.9(2)). The latter situation is self-explanatory, since if the order is granted, the respondent should be notified of it, and often it would be in the applicant’s interests to notify the respondent in any event, as the order may well require the co-operation of the respondent.