Hello I need urgent Help!

[Abbliscious]

Hello Everyone,:tinysmile_grin_t:
I need some serious help and legal advice, regarding a commercial litigation. I had a terrible dealing with a very dodgy commercial Landlord, after signing a 12month contract with him, he went and gave the shop to another occupant. destroyed my properties, was a bully and a terrible man to deal with.

However i then took him to court to get an injunction order on him in stopping him from giving out the premises but unfortunately the sitting District Judge was a terrible individual whom i felt has compromised, wouldnt allow me to speak, kept shutting me up any time i try to speak, anyway to cut the story short, the Judge didnt grant the injunction, when i said i wanted to appeal, it was also refused by the Judge.

I felt quite aggrieved because one would expect that the Judge would be more reasonable and understanding, but it was decided by the Judge that the case should go on trial for just the claim for damages only.

Now all documents and evidences that i presented in court the Judge didnt even look at it, in it i filled in the N1 form, listed what i was claiming for damages..

But in the Judgment order i have been asked to send in a particularised claim for damages???..
I have also filled in an appeal form to be presented at the high court.

I need to know whether there is a particular form or way that the claim for damages is meant to be written and how the appeal process of an injunction order is normally dealt with..

Thanks

[charitynjw]

Re: Hello I need urgent Help!

Just to clarify, are we looking at Small Claims for the ongoing case?

Was the refusal via case management?

[Abbliscious]

Re: Hello I need urgent Help!

Yes it was and I need to also know how to. Write a particularised claim for damages..

[R0b]

Re: Hello I need urgent Help!

By Particulars, the judge means a particulars of claim, it would essentially set out the factual background between the parties and how there has been a breach by the landlord which has resulted in yourself suffering a loss i.e. the damages. There is a certain format that it should be in and always best to number each new point you are making.

As for appeals, there are limited grounds for appealing, where the judge has erred in the law or fact in its exercise in discretion or there has been a serious procedural error by the judge. You would need to give a written submission to the high court arguing your case in one or both grounds of appeal setting out why permission for appeal should be granted. Injunctions are an equitable remedy and therefore is discretion of the court to give it - it is used in instances where monetary damages may not be suitable and so you will need to argue that this is the case for an injunction to be granted.

Have you drafted anything in relation to the appeal or your particulars?