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Litigation Letter

Ex Parte Orders

In Re S (A Child) (ex parte Orders) (TLR 2 November FD)

Those who sought relief ex parte were under a duty to make the fullest and most candid and frank disclosure of all the relevant circumstances known to them. That duty was not confined to the material facts: it extended to all relevant matters. whether of fact or of law. The principle was as applicable in the Family Division as elsewhere. Those who failed in that duty, and those who misrepresented matters to the court, exposed themselves to the real risk of being denied interlocutory relief whether or not they had a good arguable case or even a strong prima facie case.

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