Ex parte + no CPR 3.3(5) notice. Potanina clear.
The cluster of 27 Feb 2025 orders was made ex parte without notice or opportunity to be heard. No CPR 3.3(5)(b) notification. No CPR 3.11 warning before CRO. Violates Lord Leggatt's Rule One (Potanina).
Potanina v Potanin [2024] UKSC 3
What the opponent will argue, and why they are wrong.
Applicant had opportunity to be heard at the 6 February hearing.
The 27.02.2025 orders were made ex parte WITHOUT notice. The 6 Feb hearing addressed different matters. No CPR 3.3(5)(b) notification was given for the 27 Feb cluster. Potanina Rule One: party must have fair chance to object BEFORE order is made. Al Rawi: hearing both sides is fundamental.
CPR 3.3 allows the court to make orders on its own initiative without notice.
CPR 3.3(5)(b) requires the court to give the affected party a right to have the order set aside or varied. No such notification was given with the 27 Feb cluster. Doody: natural justice requires opportunity to make representations. The LCRO specifically was made without the mandatory CPR 3.11 warning.
Official government-issued certificate. Statutory instrument. Not arguable.
Dates are objective facts on court documents. Not disputable.
Fallback: Rely on MHCM (G-A5), bias (G-A6), or disproportionality (G-A8) to void LCRO.
Independence: Partially dependent on other grounds succeeding.
| Date | Judge | Type | Status |
|---|---|---|---|
| 27 February 2025 | Master Kaye | Limited Civil Restraint Order | VOID |