Hello my name is ***** ***** I will help you with this.
There are no other forms you need to fill out.
You have N79, notice to commit, bundle of evidence
1. Yes you must serve this on ALL the Defendants on whom you intend to apply to commit
They also need to be personally served
3. You need to file an affidavit saying that they had the original injunction/undertaking
You also need to file a certificate of service for the injunction AND the application to commit
Can I clarify anything for you about this today please?
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?)
That gives no indication for committal
The Defendants will either admit or deby
If they are denied then the matter is set down for a hearing
It is because they can go to prison all the procedures need to be followed
Can I clarify anything else?
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.
Well as long as you have the evidence it should be fine
Do you need any further clarification as to steps?
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)
Yes it seems like you have a case against them
Does that help?
Aw thanks, ***** ***** for the help.
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)
Yes you serve on them or their Solicitor
Aw thanks. I will give you a brill review. xxx
Thanks. Can I help with anything else today?
No I think that's it, have a great week
Great. If I could invite you to rate my answer before you go, the button should be at the bottom of the screen
If you need more help please click reply
Will do xxx