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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hello How do I apply for an emergency injunction to stop the

Customer Question

Hello
How do I apply for an emergency injunction to stop the council from cutting down a giant tree of heaven, which I have strong reason to believe could cause ground heave and damage my property?
Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Do you know when this will be done please?
Customer : It is scheduled for nov 28 th , Thursday .
Alex Watts :

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.

Alex Watts :

You need to include a short statement and say why you want it and what harm you will suffer.

Alex Watts :

The Court will then list the matter for a hearing (not necessarily that day) and decide whether or not to make the Order.

Alex Watts :

The Court fee is £175 but you may be entitled to fee remission.

Alex Watts :

But that is how you apply.

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

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?

Alex Watts :

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.

Alex Watts :

You then need to serve the application and the time slot on the Council so they can make representations.

Alex Watts :

Does that help?

Customer :

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)?

Customer :

And if so, doesn't this imply a great deal of evidence which must be submitted with the injunction?

Alex Watts :

Yes indeed these must be applied and this is for legal argument at the hearing.

Alex Watts :

You need to establish a prima facia case.

Alex Watts :

I hope this helps.

Customer :

Alex, I dont understand the timing. What has to be submitted as part of the injunction application, and what as part of the claim?

Alex Watts :

N1, N16a and witness statement

Customer :

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.

Alex Watts :

No, you need to submit these with the application for an injunction. These form part of your claim.

Alex Watts :

Does that help?

Customer :

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?

Alex Watts :

Personal damages only.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer :

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...

Customer :

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.

Alex Watts :

The steps for an injunction are:

Alex Watts :

1) You issue it

Alex Watts :

2) The Court will hear it on an interim basis

Alex Watts :

3) The Council should be there too

Alex Watts :

4) A Judge will decide whether the order is necessary

Alex Watts :

5) If not then the application is dismissed

Alex Watts :

6) If it is granted and contested the matter will proceed to a trial

Alex Watts :

7) There is a trial

Alex Watts :

That is the order of which matters will proceed.

Alex Watts :

I hope this helps.

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