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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can someone guide me on how to apply for an injunction against

Resolved Question:

Can someone guide me on how to apply for an injunction against the government specifically BIS?

Recently BIS has instructed Student Loans Company to stop my Funding at middle of my studies, due to BIS and my educational provider having a misunderstanding.

This decision has very much adversely affected me, as I had planned my education and life with this student funding, I do not have any other kind of support other then this. I don't know how I can buy food or eat if I have no money.

So I would like to have the court make an injunction against them as I feel this is against my human rights. they should honour the contract that I have signed with them. They should pay the installments as agreed.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 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 :

An injunction to make or stop them doing what please - so that I understand?

Alex Watts :

You want an injunction to make them pay you, is that right?

Customer:

Recently Student Loans Company (SLC) on the instruction of BIS has stopped my third installment of my loan and grant for living as a student. the reason is not to do with me. apparently they have a problem with my college.

Alex Watts :

And you want an injunction to make them continue payments?

Customer:

Yes

Alex Watts :

Its bad news on that front I am afraid

Customer:

I feel it is unfair, I had applied for my Student loan well before the course started, and it was through BIS website which is SLC, so i feel BIS has deceived me in selecting course and institution that down half of my studies they will block for no fault of mine

Customer:

do you think my case is week?

Alex Watts :

Section 21 of the Crown Proceedings Act 1947 states:

Alex Watts :

where in any proceedings against the Crown any such relief is sought as might in proceedings between subjects be granted by way of injunction or specific performance, the court shall not grant an injunction or make an order for specific performance, but may in lieu thereof make an order declaratory of the rights of the parties;

Alex Watts :

This means you can't get an injunction against BIS to make the payments

Alex Watts :

What you need to do is seek a Judicial Review

Alex Watts :

This is where a High Court Judge examines the decision of a Government body, in this case BIS and decides whether that department has acted reasonably and legally.

Alex Watts :

So first is the decision legal? It probably is.

Alex Watts :

Second, is the decision by the BIS reasonable?

Customer:

But my circumstances are that I will be starving

Alex Watts :

The Judge can agree with the decision made or remit it back to BIS for further consideration

Alex Watts :

Yes I understand that and which is why you may be able to seek interim relief from the High Court

Customer:

how do I do that?

Alex Watts :

You can't have an injunction specifically but it may declare that payments should continue for the meantime

Customer:

Do I need a barrister for this or I can do this myself in the high court

Alex Watts :

You would need really someone to represent you, you could do this in the High Court yourself but there are rules to follow

Alex Watts :

See:

Alex Watts :

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part54

Alex Watts :

You may be entitled to legal aid for this but the rules have changed. You would need to see a Solicitor to see

Alex Watts :

This is called administrative law.

Alex Watts :

Please find a local Solicitor who can take this on at:

Alex Watts :

http://solicitors.lawsociety.org.uk/

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Do I need a barrister is it compuslory?

Customer:

this is my last question thankyou for your answers

Alex Watts :

You dont have to have one no

Alex Watts :

Does this help you?

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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