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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 12900
Experience:  Solicitor
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During a commercial civil action between a client or ours

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During a commercial civil action between a client or ours and a third party we have been named in a court injunction order we would like to have the order varied to exclude us based on the fact that we had no representation at the hearing ie procedural grounds
Assistant: Where are you? It matters because laws vary by location.
Customer: London UK england Law
Assistant: What steps have you taken so far?
Customer: none the third party solicitor wrote to us threatening to involve us in action we responded after their self imposed deadline asking them to substantiate assertions they made in an earlier email
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: The court was not shown our last email at least we think not we told them we reserve all our rights and rememdies
Customer: replied 6 months ago.
We asked the third parties solicitor to provide evidence to support their assertions in an earlier email and said we reserved all our rights and remedies
Customer: replied 6 months ago.
Is someone actually looking at this?

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Named in what way?

Customer: replied 6 months ago.
In the injunction order to deliver up goods to the third party claimant in a case we where not a party to

Ok. Does the order say that any party can apply to set aside?

Customer: replied 6 months ago.
I have a 7 day trial for £5.00 why would I want to run up a £43 bill

I think the call option is automated.

Ok. Does the order say that any party can apply to set aside?

Customer: replied 6 months ago.
or vary our company
Customer: replied 6 months ago.
we would like to have ourselves removed from this order

Ok. You should therefore apply to vary.

You can use form N244:

It is likely to be set down for a hearing were you can apply to vary it.

But you need to make an application.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer, the button should be at the top of the screen. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 6 months ago.
I do have a follow up question what are the best grounds to have this order varied and what wording should be used, my understanding is given that we were not able to represent ourselves at the hearing and not named as a defendant this would be enough is that correct and can you provide wording for form

Yes, that is enough,

You just need to put that in a witness statement.

You should not be named if not a party to proceedings.

Does that clarify?

Customer: replied 6 months ago.
It does clarify the procedural point presumably the witness statement by a director of the company will just confirm this point swearing this was the case additionally I assume one can tick the box for non hearing and allow what time frame for a court to decide this should be set aside ? 15 minutes is that reasonable?

You can try a non hearing, but the reality is it will need a hearing.

30 mins.

Does that clarify?

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
thanks you have been awesome if I could give you 10 stars I would :)

Very kind