More paper for non-moles; destroying a buffet; & Court of Appeal fix
PG FOR NON-MOLES
The President’s 13 October 2014 practice guidance on the duration of ex parte orders but with non-molestation orders being its focus has been replaced by more workable guidance issued by him on 18 January 2017 (see www.judiciary.gov.uk ) which practitioners should heed when drafting. Gone is the idea that the expiration of the ex parte order should coincide with the return date (say six hours apart) because this potentially exposed the non-molestation applicant to harm if the respondent failed to appear on the return date and could not be served with the new order or acquainted with its terms before expiry of the ex parte. Also ditched is the suggestion that the respondent be directed to notify the court within a specified period whether they intended to turn up to oppose the continuation of the order and that, in default, the court might deal with the return hearing on paper.
So now:
- The ex parte must have a fixed end date.
- That date is a matter of discretion but
