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You need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf and take it to your local County Court and say you need an emergency injunction.
You need to include a short statement and say why you want it and what harm you will suffer.
The Court will then list the matter for a hearing (not necessarily that day) and decide whether or not to make the Order.
The Court fee is £175 but you may be entitled to fee remission.
But that is how you apply.
Can I clarify anything for you about this today please?
Thank you for this. Sorry to have elaborated in a different question but was not sure when you would return. In making reference to the harm should I rely on other court cases and is the fact that the Local Ombudsman turned down our appeal a difficulty Should I quantify the harm to me and to the other neighbours? How can I make it most likely that the case will be heard before Thursday?
You can rely on case law and how it would affect you. You need to tell the Court when you take it there that it is an emergency - they will then give you a time slot.
You then need to serve the application and the time slot on the Council so they can make representations.
Does that help?
Hello Alex, thank you for this. When filling out the claim form, does the entire contents of the claim need to be established at the time of the injunction? Also you say I submit a short statement to the court concerning the nature of the injunction. Doesn't the reason for the injunction have to meet the following tests:
o Is there a serious question to be tried (i.e. can the applicant make out a prima facie case on the merits)?
o Could the applicant instead be adequately compensated by ana ward for damages at trial?
o Can the applicant undertake to compensate the respondent for any loss suffered by the injunction should the respondent win at trial?
o Where does the 'balance of convenience' lie (which side would be most inconvenienced)?
And if so, doesn't this imply a great deal of evidence which must be submitted with the injunction?
Yes indeed these must be applied and this is for legal argument at the hearing.
You need to establish a prima facia case.
I hope this helps.
Alex, I dont understand the timing. What has to be submitted as part of the injunction application, and what as part of the claim?
N1, N16a and witness statement
all of these at the time of the application for an injunction? or at the time a claim is submitted? sorry, this still isn't quite clear.
No, you need to submit these with the application for an injunction. These form part of your claim.
yes, thanks. additionally, I will be seeking a PCO for an Aarhus convention claim. to do this do I have to be acting in the public good only or could I also be claiming personal damages?
Personal damages only.
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For Alex W, Hi, are you sure that the Aarhus Convention covers those who are acting in their own interests?I thought it was the opposite...
Also, can you tell me exactly what kind of liability I am letting myself in for when I file an emergency injunction against a Council? if I get the injunction must I proceed to a hearing? I haven't been able to fully ascertain the strength of my case but I need to act very quickly if I am to prevent the Council from moving ahead.
The steps for an injunction are:
1) You issue it
2) The Court will hear it on an interim basis
3) The Council should be there too
4) A Judge will decide whether the order is necessary
5) If not then the application is dismissed
6) If it is granted and contested the matter will proceed to a trial
7) There is a trial
That is the order of which matters will proceed.