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: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Application to set aside the Injunction Order. I am the

Customer Question

Application to set aside the Injunction Order.
I am the claimant. Following an anti harassment injunction order in my favour the defendants solicitors have stated that they will be applying to set aside the injunction order. They claim that their client was on holiday on the date when I posted the injunction application and particulars of claim. If this is true will the court be asking for another hearing to offer me an opportunity to re present my case to protect my family from my neighbours. I am a little bit fed up that they keep coming up with new excuses and doubt that they were away when the hearing took place
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will he;p you with this.
Was this the first hearing? Have they provided evidence that they were away?
Customer: replied 1 year ago.

this was first and final hearing judge felt satisfied with our evidence and granted an injunction. They have not provided evidence that they were away. Their legal representative was still able to obtain this claim form and application for injunction (if they were indeed away) but claimed that they recieved this after the hearing-judge allowed only 24 hours to serve notice followed by a hearing. I have evidence(video recording from my cctv) to confirm that they have trespassed repeatedly or sent agents onto my land without my permission in my absence.

I am concerned that they might request an application for this order to be set aside without a hearing in which case I may not have an opportunity to present evidence Thank you

Expert:  Ash replied 1 year ago.
Did you give a certificate of service at the hearing?
Customer: replied 1 year ago.

yes

Expert:  Ash replied 1 year ago.
Did you personally serve or was it through the post etc?
Customer: replied 1 year ago.

served by posting through the letter box, the form allowed this form of serving and a video was taken. to show that I was posting the document through the letter box.

Customer: replied 1 year ago.

the judge was aware that it was posted through the letter box , this was ticked on the injunction application form. the defendants solicitor wrote the day after the hearing stating they are representing the defendants and that they have received the letter though the defendants have been away, someone has been checking their post, that they received it the day after the hearing and that the defendants were on holiday , therefore they will be applying for the order to be set aside

Expert:  Ash replied 1 year ago.
If they were actually on holiday then it will be set aside. But they should file at Court documents to show that they were at Court, so travel tickets, holiday itinerary etc.
If they do not then you could quite easily argue that there is no evidence that they have gone away and did not know about it.
But in reality if they were away it will be set aside. The Judge will give directions and then also consider whether an interim injunction is needed. If so, then you will still be protected.
But if they fail to provide any evidence of being away then it is likely it wont be set aside.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 1 year ago.

Thank you. The Defendants legal representative state that they have applied to the court for the injunction order to be set aside. They claim that the defendants were away at the time. The defendants will be providing witness statements. (They have asked for my consent which I presume should be before they make this application).

I do not wish to bear their costs for making this application at the same time do not wish to incur additional costs if the order will be set aside in case case if they provide evidence that were away.

What are my options?

Expert:  Ash replied 1 year ago.
It's unlikely there will be costs against you.
You could consent and then the issue of costs against you won't arise.
Alex
Customer: replied 1 year ago.

Thank you

Expert:  Ash replied 1 year ago.
happy to help.

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.com/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.com/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.com/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.com/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.com/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.com/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.com/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