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United Kingdom
United Kingdom
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Full and frank disclosure definition What does Full and frank disclosure mean? Full and frank disclosure describes the obligation on an applicant who seeks relief without notice (ex parte) to put before the court all material facts and relevant law, presented fairly, including points that are adverse to the application. It requires reasonable enquiries, explanation of any gaps in knowledge, and drawing the judge’s attention to potential defences, jurisdictional objections, delay, parallel proceedings and prior applications. This duty is not defined in statute; it is established by case law and court rules across England & Wales, Scotland, Northern Ireland and Ireland, and is applied consistently (though terminology and procedure vary,...
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Duty of full and frank disclosure on without notice service-out applications: principles, materiality, foreign proceedings and remedies for breach (England and Wales)
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Practice notes
This Practice Note explores the duty of full and frank disclosure when making a without notice application for permission to serve proceedings outside England and Wales. It sets out the origins and rationale of the duty, contrasts its scope with other without notice remedies (such as freezing injunctions), and identifies what amounts to ‘material facts’ that must be revealed. It surveys leading authorities from The Hagen (1908) to recent decisions, noting the consequences of breach, the court’s discretion in cases of non-disclosure, and examples of orders being set aside or maintained. It also gives practical guidance on anticipating respondents’ points, dealing with new information that arises after an order is made, and ensuring even-handed presentation of evidence. This Practice Note should be read with Practice Note: Cross-border service—application for permission to serve outside England and Wales. Note: without notice applications are referred to in older authorities as ex parte.
What is full and frank disclosure?
When making a without notice application, the applicant must meet the duty of full and frank disclosure in relation to their supporting evidence. In short, this means the applicant must comply with certain obligations due to the fact that...
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Web page updated on 21/05/2026
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