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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Last year, the defendant in our case agreed to a consent order

Customer Question

Last year, the defendant in our case agreed to a consent order which demanded he hand over control of an internet blog to the claimants. This case was started because of defamation. He instead closed the blog but now re-opened it under invitation only.

Could we use a N324 Warrant of Delivery form to get this handed over or is this for physical goods only?
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, 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.
Alex Watts : What are the physical goods you want please?
JACUSTOMER-2ncf5mau- :

It is handing over of the blog I wish for which a court demanded. Can I do this with a Warrant of Delivery?

Alex Watts :

No.

Alex Watts :

This is because you have a consent order.

Alex Watts :

Physical goods means just that, such as a car etc.

Alex Watts :

If there is a consent order, you need to apply to have that stay removed and then seek to enter Judgment and enforce it

Alex Watts :

You are seeking an Order that he provides the access etc to this account.

Alex Watts :

But you can't do this with a consent order in place.

Alex Watts :

You need to apply to the Court to set it aside and enforce

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

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