How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am issuing Committal Proceedings against 4 defendants who

Resolved Question:

I am issuing Committal Proceedings against 4 defendants who have breached an injunction order made against them (Commercial Action).
I have compiled a comprehensive bundle of documents (some 200 pages) which show in details the offences.
The Judge told me to use form N78 (I have already filed the case once and used the wrong form).
What I need to know is what other forms do I have to file at the same time (i.e. application form number ???)
And what is the correct procedure i.e.
1 - Do I serve the documents on the defendants before filing at court
2 - Who serves the committal papers on the defendants - me or a court officer
3 - Is there anything else I should do
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

There are no other forms you need to fill out.

Alex Watts :

You have N79, notice to commit, bundle of evidence

Alex Watts :

1. Yes you must serve this on ALL the Defendants on whom you intend to apply to commit

Alex Watts :

2. You

Alex Watts :

They also need to be personally served

Alex Watts :

3. You need to file an affidavit saying that they had the original injunction/undertaking

Alex Watts :

You also need to file a certificate of service for the injunction AND the application to commit

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yep, Bundle is done with a bundle index - full evidence confirming what we state (basically they have failed on 5 of the 6 sections - oh dear !!!). The Judge informed me that I had used the wrong form and he asked the Court Office to email me the correct one (does that give a message that he agrees with the committal?)

Alex Watts :

That gives no indication for committal

Alex Watts :

The Defendants will either admit or deby

Alex Watts :

deny

Alex Watts :

If they are denied then the matter is set down for a hearing

Alex Watts :

It is because they can go to prison all the procedures need to be followed

Alex Watts :

Can I clarify anything else?

Customer:

Since we are printers - and they have printed over 50 menus that they have been banned from doing on the injunction and they have failed to return all the PDF's that they used to print this they would have a problem denying it. The judge informed them that if I continued and re-filed they would be in serious trouble.

Alex Watts :

I see.

Alex Watts :

Well as long as you have the evidence it should be fine

Alex Watts :

Do you need any further clarification as to steps?

Customer:

The injunction banned them from printing menus using our artworks - this they have done - I have the printed items showing their name on the strap line (copyright symbol) . They were also ordered to return these artworks and delete them from their system - this they failed to do. - The injunction was 1st August - They have printed 6 more menus (that we know off) since then - 5 of which they sent me copies of !!!!!!! I think that is why the judge has warned them they will be in serious trouble. Can I have your opinion on that please (just a bit of reassurance (lol)

Alex Watts :

Yes it seems like you have a case against them

Alex Watts :

Does that help?

Customer:

Aw thanks, ***** ***** for the help.

Customer:

Just to confirm (having a senior moment) I just need to take the Bundle and the N78 notice of an application form to the court tomorrow to request it be filed. Then I serve the committal proceedings on all the defendants. (If they have a solicitor do I serve it on him, or them)

Alex Watts :

Yes you serve on them or their Solicitor

Customer:

Aw thanks. I will give you a brill review. xxx

Alex Watts :

Thanks. Can I help with anything else today?

Customer:

No I think that's it, have a great week

Alex Watts :

Great. If I could invite you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Will do xxx

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice