Ex Parte
Latin: 'from one side'. An application made by one party without notifying the other side. In modern civil proceedings this is called a 'without notice' application and is only available where there is a good reason not to give notice.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
The old Latin label has been retired from the Civil Procedure Rules in favour of plain English, but the concept survives with tighter safeguards. The rules governing interim remedies state that 'The court may grant an interim remedy on an application made without notice if it appears to the court that there are good reasons for not giving notice.' Urgency — for example, the risk that a defendant will dissipate assets or destroy evidence if warned in advance — is the classic justification.
Because the other party is not there to test the applicant's account, the rules impose an extra duty of candour on the evidence filed. 'Evidence in support of an application made without notice must state the reasons why notice has not been given', so the court itself can scrutinise whether secrecy was actually justified before granting relief that binds someone who was never in the room.
Related terms
Official sources
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