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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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UK company law and injunctions:I want to bring permanent

Resolved Question:

UK company law and injunctions:I want to bring permanent injunction against a company. I know that the directors will swap the name of the company as soon as I serve them and drain the bank accounts. So my question is on timing of what to apply for when and when to serve them.Interim injunctions without notice:
I know that I need at least 2 separate ones.
One is against the bank to freeze the bank account/s.
The second is against the company blocking a change of name and alterations to the register of members. I think?Permanent injunction:
When I apply for a permanent injunction. I know I send the court 2 copies they send one back to me to serve on the company. I want to get the interim injunctions in place and served first, before I serve the company notice of the permenant injunction application.Do I apply for the permanent injunction first, then then interm ones?or do I get the interim ones and then apply for the permanent one?How many days do I get notice before the hearing date of the permanent injunction?How many days before the hearing do I need to serve the company?If I get a lawyer to do it for me. How much is it likely to cost?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Do I apply for the permanent injunction first, then then interm ones?Yes - you can only get an interim one first, you cant get a permanent injunction before an interimor do I get the interim ones and then apply for the permanent one?No, you get the interim then it will be listed for a final hearingHow many days do I get notice before the hearing date of the permanent injunction?There will be at least a month before the final hearing for an injunction, so you will have plenty of notice.How many days before the hearing do I need to serve the company?You should serve 3 days beforehand for an interim and the Court will give directions in terms of evidence and the permanent injunction. Evidence is usually a few weeks before hearing.If I get a lawyer to do it for me. How much is it likely to cost?If contested about £10,000. Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Clarifying:
I apply for the permanent injunction, then get a date for a hearing. Timeframe for hearing this application, a month or more. Then I apply and get granted (if court agrees) for an interm injunction, to freeze the company's bank accounts, based on the hearing date for permanent injunction and evidence to support my reasons for the interim.
Reasons for doing it in this order:
Once I serve the counterparty the notice of permanent injunction hearing, they might drain all the bank accounts. Obviously, a court has to be completely convinced, based on evidence, that the directors are likely to drain the accounts or the interim will not get granted.
Expert:  Ash replied 1 year ago.
You apply for an injunction, at the first hearing it can only ever be interim until a final hearing.But apart from that yes, everything about is correct.Can I clarify anything else?Alex
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