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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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To make a without notice application requires exceptional circumstances.

Resolved Question:

To make a without notice application requires exceptional circumstances. Is there a legal time limit in which to make a without notice application before it ceases to be considered an exceptional circumstance? On 30/5/2012 Worcester Community Housing secured a without notice application to vary an ASBI to an alledged incident that happened 5 weeks prior on 26/4/2012 with my trial date fixed for 26/6/2012 regarding WCH application for an ASBI made on 30/1/2012 in which I had successfully contested on 8/2/2012 and again on 19/3/2012 when it was allocated Fast Track in the County Court of Worcester. This is only a part of the whole in a case secured on false statements of truth and unlawful actions in which I am determined to see through until the end.
Thankyou,
Mr. Paul Read
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello Paul my name is ***** ***** I will help you with this.
Were you given 7 days to apply to set it aside or vary the order once made as you were not present?
Alex
Customer: replied 2 years ago.

I was not even aware of it until a week later when I collected it from the local Police (that is the community Police station

Expert:  Ash replied 2 years ago.
This is always a hard one because it should only be if there is a serious risk of harm. If there was no serious risk then it should be made on notice, clearly because you dont have an opportunity to object.
So there is the test - serious risk of harm.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Relist: Inaccurate answer.
I simply wanted to know is there a legal time limit in which to make a without notice from the time of the alledged incident
Expert:  Ash replied 2 years ago.

Time limit in law - no. But there has to be an urgent risk of harm. However there is no time limit. Alex

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