Hello my name is ***** ***** I will help you with this.
Could you briefly explain the background to your claim?
C concluded judicial review proceeding in May 2014. Order issued to D to reconsider the same application for period between 10/10/2010 and 09/10/2011. D instead, undertakes a fresh assessment for period 06/10/2011 and 05/10/2012 instead of reconsideration as ordered. D concedes to not having any policy guidance or legitimate basis to support the period engaged and their action. C rejects 're-assessment' in new period instead of the order to reconsider same period.
C now seeks to approach Court to grant application as there is no other alternative had D not made the error in the first place. It is 6 months since the order was sealed.
Was there a penal notice on the original Court order?
Ok - then you can't go for contempt. You can only go for contempt if the party has been warned that if you disobey it you could be sent to prison
What you need to do is take the matter back to Court and get the Judge to rebuke them and order that they MUST do what is required and attach a penal notice.
Once you have a penal notice and they disobey then you can go for committal
But unless you have a penal notice then its unlikely you can get them done for contempt.
Can I clarify anything for you about this today please?
Can I apply to the court in person - just by providing a chronology, evidences to date and a cover letter seeking the court's attention to the matter (assist with title or direction of the letter please), or must it be through a solicitor?
YEs you can do this yourself.
Does that help?
Yes: many thanks.
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