The grant of ex parte equitable remedies is a breach of fundamental human rights. Discuss.

Introduction: explain the principles of granting equitable remedies, their basic categories, and what is meant by ex parte.

The question is focused on the freezing and search orders. Break down the tests for establishing an application. As a basis the American Cyanamid test and then how there are additional safeguards. Many of the procedures are there to protect the absent party.

Outline how the right to a fair trial may be problematic in ex parte hearings. There is an obligation on the claimant to present a fair and balanced summary of both sides. Consider if this is likely to occur in practice.

Explain the procedural protections, such as the ability of the absent party to halt the order whilst they appeal the decision. How quickly this will come to court in practice and what impact this will have on the absent party.

May be OK for search order but a freezing injunction can have an immediate and devastating impact. Does this breach the right to family and private life, right to earn a living?

Conclude with whether these are a necessary evil to protect the claimant or a step too far in equity.