Ex parte application
England & Wales
An ex parte application, now called a without notice application in the courts of England and Wales, is a request for a court order made by one party without first notifying the other side. Under rule 25.3 of the Civil Procedure Rules, a court may grant an interim remedy such as an injunction without notice only where there are good reasons for not giving it, and the applicant's evidence must explain those reasons.
Position verified 4 November 2026.
Ex parte and without notice mean the same thing
"Ex parte" is Latin for "on behalf of one party". The Civil Procedure Rules replaced it with "without notice" in 1999, although solicitors, judges and court staff still use both. The default under Part 23 of the Civil Procedure Rules is that every application is served on the other side before the court decides it. A without notice application is the exception, reserved for genuine urgency or for cases where warning the other side would defeat the purpose of the order.
Where landlords meet ex parte applications
The most common route is an unlawful eviction injunction. A tenant who has been locked out, had the utilities cut off or been harassed can apply without notice, often out of hours, for an order requiring the landlord to let them back in. The landlord usually first hears of it when the order is served. Unlawful eviction is a criminal offence under the Protection from Eviction Act 1977, and since 1 May 2026 councils can impose a civil penalty of up to £40,000 for it. Our guide to changing the locks on a rental property sets out where the legal line sits.
Landlords also make without notice applications themselves. Where a possession order is suspended on terms, such as paying the arrears in instalments, CPR 83.2 requires the court's permission before a warrant of possession can be issued, and that permission application is decided without the tenant being given notice of it. This is not a shortcut to eviction itself. Every possession claim still starts with a Section 8 notice and a claim the tenant is served with and can defend.
The duty of full and frank disclosure
Because the other side is absent, the applicant must put every material fact before the court, including the facts that undermine their own case. A court that later finds material information was withheld can discharge the order and award costs against the applicant, even if the order would otherwise have been justified.
From working with self-managing landlords across the UK, the strongest response to a tenant's without notice injunction is a dated record of every notice, message, rent payment and visit. That record shows quickly whether the tenant gave the court the full picture. Keeping tenancy paperwork in one place with August's document management means it is ready the day an order arrives.
What happens after an ex parte order
An order made without notice is temporary. The order must be served on the respondent with the application and the evidence, and it must tell them they can apply to have it set aside or varied. That application must be made within 7 days of service. The court also lists a return date, usually within days, at which both sides are heard and the judge decides whether the order continues.
Comply with the order immediately, even if you believe it was wrongly obtained. Breaching an injunction is contempt of court, and a landlord who has let the tenant back in and then challenges the order on the return date is in a far stronger position than one who ignored it.
Frequently asked questions
Is an ex parte application the same as a without notice application?
Yes. "Without notice" is the term the Civil Procedure Rules have used since 1999, and "ex parte" is the older Latin name for the same procedure. Both describe an application decided before the other side has been told about it.
Can a landlord evict a tenant through an ex parte application?
No. Possession requires a valid Section 8 notice and a court claim the tenant is served with and can defend. Without notice applications appear only at narrow procedural steps, such as asking permission to issue a warrant under a suspended possession order. Our guide to evicting tenants in arrears and court timelines walks through the full process.
What should I do if I am served with an ex parte injunction?
Comply with it straight away, then take legal advice. You have 7 days from service to apply to set it aside or vary it, and the return date gives you the chance to put your side to the judge. Bring your records of rent, notices and correspondence.
