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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received notice that a party intends to apply to the

Resolved Question:

I have received notice that a party intends to apply to the high court for an injunctive relief to restrain me from proceeding with a claim against them using the money claim on line scheme.
If they are successful in their injunction will they be able to claim the court and legal costs of taking out the injunction from me?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Will you be contesting this please?Alex
Customer: replied 1 year ago.
HI Alex
I'm trying to avoid it. If they do proceed then I may contest it. It all depends on the costs and who pays. I need to factor that in to my risk balance.Thanks
Expert:  Ash replied 1 year ago.
Ok - then generally the rule is the losing party pays. So if it was the case then you did not contest it a Judge may not award costs. But if you did contest it and they won they they may get costs.However costs are discretionary, its up to the Judge.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thanks Alex. Does there have to be a trial at some point or is the injunction a stand alone event and the judge decides costs at the time?
Expert:  Ash replied 1 year ago.
If its contested yes, there will be a trial.Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes - thanks for the info.

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