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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5398
Experience:  Solicitor
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How do I prepare and serve a writ of mandamus on Lewisham

Customer Question

how do I prepare and serve a writ of mandamus on Lewisham council to force them to carry out their legal responsibilities in the removal of abandoned vehicles
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.
In short, it is an injunction you want - to force them to do something?

Customer: replied 1 year ago.
I am getting the impression the remuneration you are asking for is not consistant with my needs and I am not satisfied with your response. Please refund my deposit.
Expert:  Jamie-Law replied 1 year ago.

Some people prefer to speak over the telephone to get a quick answer. But we can keep this online and I can give you the legal answer.

Customer: replied 1 year ago.
Your response that I need an injunction is not valid you can only prevent an action with an injunction. You are wasting my time this discussion is over.
Expert:  Jamie-Law replied 1 year ago.

Sadly you are mistaken. An injunction is for a prohibitive or mandatory purpose. a writ of mandamus is not suitable for this as they are not commonly used.

You need to seek a mandatory injunction - ie to make the Council do something. This is the proper course of action.

You would need to complete forms N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The Court would then set the matter down for a hearing and decide whether or not to make the order to force them.

If the Court does and they refuse this is contempt of Court and the Chief Officer could be warned, fined or sent to prison.

You can also consider a Judicial Review of their refusal. This is where a High Court Judge considers the complaint and sees whether they have acted legally and reasonable.

A Court can either agree with their decision or ask them to reconsider.

For more information on that process please see:

https://www.leighday.co.uk/LeighDay/media/LeighDay/documents/JR-Quicky-and-Easy-Guide.pdf

Can I clarify anything for you about this today please?