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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I want to file and injunction against Mr Oneil a builder who

Customer Question

I want to file and injunction against Mr O'neil a builder who has been employed to carryout work in my neighbours property. He threatened me and physically assaulted me.
I called the police and subsequently both parties were arrested. The police didn't not charge Mr O'neil, I am concerned about the health and safety of my wife and and two infant children.

The incident took place at my residential address. I am trying to fill out forms
N016a - eng and N208- eng. I want to ensure i fill out the correct forms
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

HI jo,


 


on the N016a form its says the following:


 


By application in pending proceedings


under statuary provision


 


this application is made under part 8 of the civil procedure rules


 


Which one applies to me?


 


it also says: This application raids issues under the Human Rights Act 1998 (yes) (no).


 


How shots i answer this


 


 


 


 

Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

I see the expert has decided not to continue.

What is it you want to stop him doing please?

Alex

Customer: replied 3 years ago.

Hi Alex,


 


I want to prevent him coming back to my house and coming near me our my family.

Expert:  Ash replied 3 years ago.
Is he doing that at the moment or was it just the once please?

Customer: replied 3 years ago.
He had not been back to the house, the works are not complete so he will return at some point. How does this affect the injunction.

Please answer my original questions
Expert:  Ash replied 3 years ago.
Ok.

You need to tick pending proceedings.

Human rights act - you tick no.

Do you need anything else?

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
Do you think I can represent my self in court with the relevant paper work.

Can I send you an attachment, so you can review this.
Expert:  Ash replied 3 years ago.
Yes you probably could although ideally want a Solicitor to represent you.

If you want to send me paperwork [email protected]

Please remember to leave feedback.

Alex

Customer: replied 3 years ago.
Hi Alex , I have tried my solicitors but they won't be vale to do this until Thursday. My worry is the builder can return at any time. I will email this to you in a few minutes
Expert:  Ash replied 3 years ago.
Ok. But it can take 24 hous to get to me from admin.

Alex

Customer: replied 3 years ago.
Hi Alex,
Thank you for your help earlier today I have managed to obtain a injunction order. It forbids him from assaulting or threatening me or my family.
The judge didn't give me a exclusion order. So he can come to the property at any time. I need to serve this to me at my address as I don't have a correspondence address for him. The court asked me serve it myself or ask a independent third party. The clerks asked me to download a PDF from the justice.gov they didn't give me any specific number.

I desperately want to serve this tomorrow Can you please tell me which form I need to fill to serve the injunction officially.

I look forward to hearing from you.

Saydul karim
Expert:  Ash replied 3 years ago.
Once you have the injunction you need to serve that and the documents you relied upon personally upon the Defendant.

I would suggest using a process server.

Alex