Clause 208 — Applications

Part of Orders of the Day — Enterprise Bill – in the House of Commons at 7:52 pm on 30th October 2002.

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Photo of Miss Melanie Johnson Miss Melanie Johnson Parliamentary Under-Secretary, Department of Trade and Industry 7:52 pm, 30th October 2002

The amendments all relate to part 8 of the Bill. Amendment No. 144 is intended to meet the concerns expressed by the Joint Committee on Human Rights about the provisions in clause 213 concerning applications for interim enforcement orders. The Committee's 21st report stated that it would be beneficial for the Bill to draw attention to the need for the courts to take account of the whole picture, rather than simply accepting the facts presented by the applicant. When an application for an interim enforcement order is made without notice being given to the person named in the application, the whole picture is necessarily limited to the evidence put before the court by the applicant. It is our view that, on an application without notice, the applicant will be obliged to put before the court all material facts, and that the court will consider them in deciding whether to make an interim enforcement order. The Committee agrees that that is likely to be the case, but for clarity amendment No. 144 includes that obligation in the Bill. The amendment—which applies to all applications for interim injunctions, and not simply to those made without notice—corresponds to a similar provision in practice direction 25, in England and Wales, on interim injunctions.