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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Application to set aside the Injunction Order. I am the

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Application to set aside the Injunction Order.
I am the claimant. Following an anti harassment injunction order in my favour the defendants solicitors have stated that they will be applying to set aside the injunction order. They claim that their client was on holiday on the date when I posted the injunction application and particulars of claim. If this is true will the court be asking for another hearing to offer me an opportunity to re present my case to protect my family from my neighbours. I am a little bit fed up that they keep coming up with new excuses and doubt that they were away when the hearing took place
Hello my name is ***** ***** I will he;p you with this.
Was this the first hearing? Have they provided evidence that they were away?
Customer: replied 2 years ago.

this was first and final hearing judge felt satisfied with our evidence and granted an injunction. They have not provided evidence that they were away. Their legal representative was still able to obtain this claim form and application for injunction (if they were indeed away) but claimed that they recieved this after the hearing-judge allowed only 24 hours to serve notice followed by a hearing. I have evidence(video recording from my cctv) to confirm that they have trespassed repeatedly or sent agents onto my land without my permission in my absence.

I am concerned that they might request an application for this order to be set aside without a hearing in which case I may not have an opportunity to present evidence Thank you

Did you give a certificate of service at the hearing?
Customer: replied 2 years ago.


Did you personally serve or was it through the post etc?
Customer: replied 2 years ago.

served by posting through the letter box, the form allowed this form of serving and a video was taken. to show that I was posting the document through the letter box.

Customer: replied 2 years ago.

the judge was aware that it was posted through the letter box , this was ticked on the injunction application form. the defendants solicitor wrote the day after the hearing stating they are representing the defendants and that they have received the letter though the defendants have been away, someone has been checking their post, that they received it the day after the hearing and that the defendants were on holiday , therefore they will be applying for the order to be set aside

If they were actually on holiday then it will be set aside. But they should file at Court documents to show that they were at Court, so travel tickets, holiday itinerary etc.
If they do not then you could quite easily argue that there is no evidence that they have gone away and did not know about it.
But in reality if they were away it will be set aside. The Judge will give directions and then also consider whether an interim injunction is needed. If so, then you will still be protected.
But if they fail to provide any evidence of being away then it is likely it wont be set aside.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Customer: replied 2 years ago.

Thank you. The Defendants legal representative state that they have applied to the court for the injunction order to be set aside. They claim that the defendants were away at the time. The defendants will be providing witness statements. (They have asked for my consent which I presume should be before they make this application).

I do not wish to bear their costs for making this application at the same time do not wish to incur additional costs if the order will be set aside in case case if they provide evidence that were away.

What are my options?

It's unlikely there will be costs against you.
You could consent and then the issue of costs against you won't arise.
Customer: replied 2 years ago.

Thank you

happy to help.