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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Good evening ;) Interim injunction with a court date for

Resolved Question:

Good evening ;)

Interim injunction with a court date for Friday. Im the defendant. What are my choices and what i meant to be doing with this paperwork?

Thank you
S.
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

What is the injunction for (briefly)?

Customer:

Harassment. I am.antique dealer. Two brothers from dubai settled here on entrepreneur visa to deal in antiques... they asked me to help them set up.in uk. I did... it didnt work out. They have/are retaining several of my antiques in ransom for solutions to their dealings with my uncle...also a dealer

Customer:

4 of my friends visited tgeir home to.mediate. the brothers called police. Nothing signifixant happened... i now have interim injunction. They have my antiques...

tdlawyer :

Okay. And the injunction has actually been granted against you?

Customer:

Myself.. I wasn't there the night the 4 visiited their home...

Customer:

and.. the 4 men who did visit.

Customer:

They sent all paperwork to me... including the 4 others... I gave each of the 4 a copy.

Customer:

I got called to the location when the police were contacted.. so I showed up when police arrived.

tdlawyer :

I understand. Okay. You have to appreciate that when the court grants an injunction like this, it hasn't really considered the merits of the claim. It can't do this until it hears from you, with your side of the story.

Customer:

ok. What's the best way to present that information?

tdlawyer :

The point at the moment is that the Court accepted their arguments (without you having a say) that it was urgent and needed for their protection.

Customer:

Yes.. they claimed some interesting ... well.. they are interesting.

tdlawyer :

You will need to do a witness statement setting out your position.

tdlawyer :

Then you will need to attend at the return date hearing, which you should have now been told about - where and when it is.

Customer:

Ok. time line... details.. .exchange of conversations. I can do this.. .however...

Customer:

Court is Friday April 11th.

Customer:

here in London

Customer:

Do I need to attend with lawyer?

tdlawyer :

Yes, it's always very quick.

Customer:

Do all 4 men need to attend?

tdlawyer :

Yes, I would strongly recommend you get a lawyer immediately. Tomorrow.

tdlawyer :

Do not wait for the hearing, that will be too late. You need to see somebody now.

Customer:

Ok. Civil Dispute lawyer?

tdlawyer :

Yes, a civil litigation solicitor.

Customer:

Ok. How does this typically play out?

tdlawyer :

Typically? Well, the next hearing usually marks an end to it all, but in theory, what happens is the court either confirms the injunction or sets it aside and then they (who got the injunction) have to commence a claim against you and proceed to trial just like any normal claim. This rarely happens though, and most people just do a deal they all live with at the second hearing. This is something a lawyer can help you broker too.

Customer:

ok. One more question if I may.

tdlawyer :

Of course, you may.

Customer:

The antiques they have of mine.. are important. The money involved at the moment is £55,000 my loss... along with the three pieces of antiques... worth about the same.

tdlawyer :

Yes.

Customer:

I have all the paperwork proving my position....

Customer:

in Dubai.

tdlawyer :

Okay, you would need to bring a counterclaim against them.

Customer:

The invoices for the pieces... the conversations between myself and them..

Customer:

in Dubai.

Customer:

with witnesses and more.

tdlawyer :

You will not need the paperwork to make the claim.

Customer:

Can I start a claim/ should I start a claim... in Dubai?

tdlawyer :

But you will need to get them back in England as soon as you can so you can prove your claim in due course.

tdlawyer :

I doubt it - I expect you'd be better off doing it here.

Customer:

ok. I'm sad to hear that.

Customer:

I feel my case is not strong in UK at all.

Customer:

And... I have a much more fair chance at an outcome that is more balanced... in Dubai.

Customer:

My case in UK will be series of whatsapp messages. :(

tdlawyer :

You need to have the evidence reviewed and see where you do stand. Nothing stops you bringing proceedings if you wish to in Dubai, but ultimately, you do have a claim against you here that you need to address and it might be that a counterclaim helps you achieve what you want/need to deal with the claim against you.

Customer:

understood. Thanks. So get lawyer tomorrow. Plan out my counter story. And you think I should counter claim for my pieces... and the money outstanding?

tdlawyer :

Yes, that's right.

Customer:

Anything else that I could do to help my position?

tdlawyer :

I think you're next major step is tomorrow when you start putting together your explanation of your position etc.

Customer:

ok. Fair enough. Thanks for the information... one last thing

Customer:

the other 4 men.. named in the paperwork...

Customer:

do they need their own lawyer? Should we all use one lawyer?

tdlawyer :

They can probably use the same solicitor from what you've said.

Customer:

ok. thanks for your help. I shall do just that. Good night. Thanks for your advice.

tdlawyer :

You're more than welcome. I hope it's useful. Can I ask whether you're happy with the service, and whether you wish to know anything more about this?

Customer:

I'm happy... and I think that's all I need.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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