How are respondents rights protected?

Question

Accepted Answer

The courts recognise that this is a very draconian and extreme order and the so there are various safeguards in place to protect the respondent:
•   The claimant has to provide full and frank disclosure to the court when making the application. This is done in the form of an affidavit that sets out the facts that are being relied upon and will include relevant evidence
•   The claimant must give an undertaking in damages in case it is later discovered that the claimant should not have been granted this order
•   An independent solicitor is appointed to supervise the execution of the order and to provide a report on this.
•   Usually, the order must be served on a weekday during working hours to allow the respondent the opportunity to get legal advice

How are respondents’ rights protected?

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How are respondents’ rights protected?

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