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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I have obtained a general form of judgement order from the

Customer Question

I have obtained a general form of judgement order from the court to prevent my daughter removing a horse until ownership of the animal is clarified. We used heathers solicitors address as the address of service as we do not have a current address for her. The solicitors now say that the service was not valid as they were not on the court register and are no loner acting for her but the injuction was ex party. What do we do now
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

-Could you explain your situation a little more?
Customer: replied 4 years ago.

Me and my daughter ran a riding school together (but she is registered as the company director) at christmas it became apparent that she wasn't paying bills and running up a lot of debt i tried to resolve the situation but in the end had to give her a notice to quit which expires on 7th June 2013 (she says this is not valid) but i only did this so she had a month to move her business elsewhere as her dad i believe i didn't really have to go down this route. I have been forced to live elsewhere now because of Heather and her actions.

On 30/05/13 i attended at the stables with the police (to prevent a breach of the peace) to remove my two horses and other items. Heather produced a passport for one of the horses in her name ( a horse passport is not prove of ownership just identity and it is stated on the front of it) and then she said i had bought the horse but given it to her as a gift which i never have done. the police officer wasn't happy to let mekvin the horse go and i agreed to leave the horse and go down the civil action route.

I sent Heather a letter the next day to let her know that we were doing this and asked her not remove him from the premises until ownership was confirmed.

I then provided a statement and got a statement and invoice from the person i bought the horse from and went before a county court judge yesterday and obtained a court order for heather not to remove the horse until the matter had been heard in front of the judge.

I do not have a correspondence address for heather as she moved out of the house on the 1st and therefore used her solicitors address for service.

I have now received a letter from the solicitor stating they are no longer acting on behalf of heather and any further letters will be returned to me. I then phoned the solicitors and asked what address i was supposed to use, he then informed me the court order served to their address for heather yesterday was not valid as they were not on the court register. but the injunction was ex party and he wouldn't be on the court register. what can i do now ?


Expert:  James Mather replied 4 years ago.
Have these solicitors ever acted for her on this matter?
If not, why this solicitors?
What was Heather's last known address?
When did she move out?
Why didnt you instruct enquiry agents?
Did you make the application yourself?