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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience:  Partner in national law firm
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Can an individual apply for an injunction against Business

Resolved Question:

Can an individual apply for an injunction against Business Innovation and Skills BIS i.e the government?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

-Could you explain your situation a little more?

Customer: replied 3 years ago.


I am a full time student currently studying at my college which has its course designated by BIS and SLC.


Recently SLC on the instruction of BIS have suspended my college on the grounds that my College has made some procedural breaches.


I have confronted the college with regards XXXXX XXXXX and have found this not to be true. They the college have provided the proof that there hasn't been any procedural breach.


The issue is that SLC and BIS are disputing with the college with regards XXXXX XXXXX duration of the course, apparently the college courses should have been only 1 year each. But on the SLC application form the option is as follow:


HNC 1 year

HND 2 years


SLC is disputing that HND should also be 1 year, Naturally all of us students selected the HND two years with an understanding that we will do the first year HNC and then progress to HND.


The college even agreed to accept HNC 1 year and HND 1YEAR but even then SLC and BIS are being difficult.


Even though it is their technical mistake of giving the option to students on their own system to select HND 2 years


and because of this reason they have suspended the college and stopped all students payments

Expert:  Alice H replied 3 years ago.
OK understood.

But surely legal action is being taken by the College?
Customer: replied 3 years ago.


The college wants to follow or comply with instruction from SLC and BIS but has given us the green light to take necessary action against BIS and SLC and will support us with any documentary evidence required.

Expert:  Alice H replied 3 years ago.
OK thanks.

It is possible for an individual to obtain an injunction against a Government department.

The usual course of action is to write a letter of complaint in an effort to resolve the matter without litigation. If that process is unsuccessful you would seek a Judicial Review of the decision in the High Court on the basis that the decision is unlawful/unreasonable or a breach of your human rights. As part of the JR process you can seek damages for losses suffered, a declaration from the High Court and an injunction directing the department to act in a certain way.

JR can be an expensive process so you will need to speak to a lawyer about this before you commence the procedure. Also if you lose the claim then you could also end up paying the other party's costs.

An injunction can also be brought in the County Court which is sometimes cheaper and speedier. The downside is that the County Court does not have the same power as the High Court to review the legality of the decision so they will not then accept a stand alone application for an injunction.

I hope this helps. Happy to discuss further.


Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thanks for the response could a county court accept two or three multiple cases on the same issue?


Or if the student union of the college applies in the county court would that be acceptable?

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