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I was once in litigation with a LIP for over 17 years ... part of the delay was the client getting fed up spending money and letting the case lie fallow for a few years; part was taken up with the distraction of arguing over the costs of interim orders; and a large part was because the LIP became adept at making numerous ex parte applications which we only found out about weeks or even months later (despite having obtained a Grepe v. Loam order after the first ex arte application by the LIP).

Sadly the court and District Judges were quite unable to ensure my clients were made aware in advance of any communications from the LIP direct to the court.

So this isn't a new problem, but concerning that it is still a problem. It should be an absolute requirement that all communications with the court of whatever nature should be made known to the other side.