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An injunction to make or stop them doing what please - so that I understand?
You want an injunction to make them pay you, is that right?
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.
And you want an injunction to make them continue payments?
Its bad news on that front I am afraid
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
do you think my case is week?
Section 21 of the Crown Proceedings Act 1947 states:
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;
This means you can't get an injunction against BIS to make the payments
What you need to do is seek a Judicial Review
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.
So first is the decision legal? It probably is.
Second, is the decision by the BIS reasonable?
But my circumstances are that I will be starving
The Judge can agree with the decision made or remit it back to BIS for further consideration
Yes I understand that and which is why you may be able to seek interim relief from the High Court
how do I do that?
You can't have an injunction specifically but it may declare that payments should continue for the meantime
Do I need a barrister for this or I can do this myself in the high court
You would need really someone to represent you, you could do this in the High Court yourself but there are rules to follow
You may be entitled to legal aid for this but the rules have changed. You would need to see a Solicitor to see
This is called administrative law.
Please find a local Solicitor who can take this on at:
Can I clarify anything for you about this today please?
Do I need a barrister is it compuslory?
this is my last question thankyou for your answers
You dont have to have one no
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