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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We complete independent complaint investigations for local

Customer Question

We complete independent complaint investigations for local authorities. Recently we completed one and have handed our report to the Council who will formally respond to the complainant. The complainant is concerned that we are going to hand a copy of our report to his wife who will use it against him. His wife was interviewed as part of the complaint investigation as a witness to an incident. The adjudication into the complaint has taken place and the Council will now formally respond to the complainant and send him a copy of our report. We have no intention of handing the report to the complainant's ex wife. The Council have ownership of the report now. The complainant has applied for and has been granted an injunction order today prohibiting us from sharing the report with his ex wife. We have also been given a date to attend for a review hearing. We have been misrepresented in the injunction application the complainant made. We have never said we would provide his wife a copy of the report. As we are commissioned by the Council the report belongs to them and they decide who to send the report to. We do not own the report but we did the investigation and wrote the report. Question: Can we apply to the court to have the injunction order cancelled given we don't own the report and have never said we would disclose it to the complainant's ex wife? Do we have to attend the review hearing given the above?! Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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 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 :

Have you been given a return date for the application for injunction please?

Customer: Hi AlexYes - the review hearing is 21 May 2014.
Alex Watts :

Ok - you should attend on 21st May 2014 and set out your objections

Alex Watts :

The Judge will then (if you object to the injunction) set down the matter for a full hearing

Alex Watts :

In the meantime the Judge will decide whether to make an interim order

Alex Watts :

The Judge may continue with the injunction, dismiss it, or adjourn it

Alex Watts :

But the next hearing wont be the full trial, but to decide whether the interim order should continue

Alex Watts :

Can I clarify anything for you about this today please?

Customer: thanks Alex - the issue for us is we have no intention of sharing the report the injunction is prohibiting us from doing. Secondly the independent person who wrote the report is going on leave abroad for 2 months and is named in the injunction. He will not be present to attend court. I am the director of the consultancy so I can attend. Can we not ask for the order to be cancelled?
Alex Watts :

Yes you can.

Alex Watts :

But the Judge may not as the next hearing is not the full hearing

Alex Watts :

Its an interim hearing

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’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Ash replied 2 years ago.
I see you have relisted this - what else would you like to know?

Alex

Customer: replied 2 years ago.

Hi Alex - we wish to dispute the claim made by the claimant. We are a small group of like minded professionals undertaking complaint investigations for Local Authorities - we are not resource rich! We have completed our work and provided the report to the Local Authority. There are some matters we have provided an opinion on that relate to the complainant's wife and what she might need to know. We have made it very clear our report must not be provided to the complainant's wife. Ultimately it is up to the City Council now to to formally respond and provide a copy of our report to the complainant. The injunction is unnecessary as we are not sharing the report with anyone! We would like to know how to dispute the claim and cancel the injunction. The injunction is issued by the County Court and there is a Defence form at the back.

Expert:  Ash replied 2 years ago.
Yes of course. This initial hearing is JUST for the interim injunction, nothing else. It is not the full claim.

What you need to do is file a defence and take it with you for the return hearing.

The ONLY issue at the return date will be whether the interim injunction should continue - it will NOT be the full issue trial.

The Judge at the interim hearing will set the matter down and timetable it for a full hearing, but that wont be on 21st May

Does that clarify?

Alex

Customer: replied 2 years ago.

Thanks Alex - what I am having difficulty understanding is why we cannot have the injunction cancelled and why we have to go to a trial. The claimant through the injunction is prohibiting us from doing something we weren't going to do, are not authorised to do and have not recommended either. The injunction is completely unnecessary as it serves no purpose - it is not stopping anything and nothing was going to happen - does this make sense? This is a real inconvenience for us and surely there must be a way to have this matter cancelled?

Expert:  Ash replied 2 years ago.
The return hearing is to decide whether or not the interim injunction will continue or be discharged. It could be discharged or the Judge may want to keep it.

I agree its an inconvenience, but if you succeed then you can claim costs and compensation.

Alex

Customer: replied 2 years ago.

Thanks Alex - I've got a couple of questions left but I need to go out now so will reply when I am back later.

Expert:  Ash replied 2 years ago.
Sure.

Alex

Customer: replied 2 years ago.

Hi Alex - Are we able to instruct a solicitor to represent us or would we need to attend in person? As I mentioned to you the person who wrote the report will actually be away on holiday on the date of the hearing. Also can we not just send our defence in the post and have the matter dealt with on the details we provide?

Expert:  Ash replied 2 years ago.
Yes you can instruct a solicitor. You really need to turn up though, you really do no want to just put a defence in and not go.

Alex

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