CPR 23.1 is clear. Each order individually provable.
17 orders granted to defendants or against the Applicant without any CPR 23.1 application notice being filed. Made on court's own initiative or at oral request, without service, and in several instances during MHCM.
What the opponent will argue, and why they are wrong.
Courts have inherent jurisdiction to make orders on their own initiative under CPR 3.3.
CPR 3.3 allows own-initiative orders but requires CPR 3.3(5)(b) notification giving the affected party a right to apply to set aside or vary. 17 orders without any application notice AND without CPR 3.3(5)(b) notification = 17 procedural violations. Doody: natural justice requires opportunity to make representations.
The orders were made at hearings where the applicant was present or had notice.
Not all 17. Several were made ex parte during MHCM (27 Feb cluster). Others were made at hearings but without application notices being filed or served. CPR 23.1 requires an application notice. Oral requests at hearing without prior notice deprive the other party of time to prepare. The pattern of bypassing CPR 23.1 is itself procedurally improper.
Fallback: 17 orders without applications is pattern evidence for G-A13 cumulative unfairness even if not independently void.
Independence: Partially dependent on other grounds succeeding.