The second point about the proposed new subsection (3)(a) relates to the phrase, "having regard to the circumstances of the particular case." The Supreme Court noted that section 4(3), as it stands, provides for the making of interim barring orders ex parte in "exceptional cases", but contains no indication of the criteria by which the court is to decide whether a case is exceptional. The merit of the new wording is that it invites the court to assess the circumstances of the case before it. In that respect, it focuses on the individual case before the judge and does not require any determination that the case is exceptional which would imply comparison with other cases.