A conversation on the phone and people coming to the shop not interested in buying anything but discreetly interested in the shop itself.
Still waiting for response..thanks
Thanks. I would be quite happy with just an interim injunction till court case in May/June this year. Can I register a caution at the land registry if granted.
Also can I do this at the magistrates court as county court is £150
Thank you. I have looked at Form N16a which is a general form for injunction. Does this form also include ex-parte and interim?
Thank you. Do I refer Court to existing case claim no or do I have to do an affidavit citing the whole details of the case.
Also how long is it likely to take to get interim injunction.
Thank you. In my Affidavit in support, I am thinking of stating the costs I have paid to solrs. so far £17k so and the shop is the only asset the defendants have, would that help me?
Thanks. I note what you say but wanted to make court aware how far thecase has gone and how much I spent or should I not bother with this point at all.
Just emailed my solictior with my intention and why I am doing it to save costs but he disagrees. Please read his reply as below which differs from your answer. I am prepaed to give cross undertaking in my affidavit because of what he states.
Now I have two different opinions.
"Whilst I appreciate your frustration, my view is that you are not entitled to such an injunction
The case has yet to be decided and therefore you do not have a monetary judgment to enforce against the Defendant’s assets; accordingly, any such application would most likely fail and only serve to increase your costs
In order to obtain an injunction, it is necessary for the applicant , or you personally, if the company has no assets, or those assets are limited in value) to provide a cross-undertaking in damages i.e. ultimately, if it is proven that the applicant was not entitled to the injunction, then the applicant has to financially compensate the respondents – for the delay you have caused to the assignment of their lease)
Further, there is the risk that the Court will enquire as to how you, the Claimant will pay any adverse damages award, or costs order. If the company has no assets, or those assets are limited in value, then the Court may order you to personally provide security, which could be in the form of a payment into Court"
Sorry I am not clear now. Should I apply for a freezing order in the County Court for security of costs with me also giving an undertaking. If so, do I fill out N16a together with affidavit? I thought freezing order app. can only be done in High Court.
Sorry I am getting a different answer from you. My solr. says as the claimant it is not possible for me to apply for security for costs?
My solr. totally advises not to go with this course of action as it might go against me as the def's solicitors could also apply to freeze my assets or give a personal undertaking (limited company at present).