• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Interim Injunction Sought

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Interim Injunction Sought

    Hearing, and reading, conflicting advice, regarding an Application for Interim Injunction (without notice).

    It can be processed via High Court - or London County Court (Thomas Moore Building) but which form is it filed upon?
    Tags: None

  • #2
    Re: Interim Injunction Sought

    Are you sure this is the correct way to proceed? Can you say more about the background to it?

    Comment


    • #3
      Re: Interim Injunction Sought

      hello. Defamatory material published online.
      Discussed it with legalbeagles - amethyst - assessed issue with Carter Ruck.
      Best course of action was to file against individual author .

      Followed protocol - contacted author, with detailed complaint / requested removal material / contacted google - removal team / contacted isp host company with complaint and details / author ignored issue. / did not respond any communications / Google declined - out of their hands etc" / isp company denied all liability, simply a hosting company. / sent recorded detailed letters of complaint, with evidence, to all - author, isp company / again ignored.
      filed an injunction case in court, hearing in January.
      Filed claim against the ISP Company and individual directors - so a section 5 (2) defence, is no longer able to be relied upon.

      Now, material remains public and visible - I intend to proceed with "interim relief" via injunction.
      So, the question remains.....

      Comment


      • #4
        Re: Interim Injunction Sought

        So did Carter Ruck not inform you where to file it?

        Injunctions can of course be made in the county court, but claims for defamation cannot and must be made in the High Court unless both parties agree to County Court jurisdiction, which is very rare.

        Have you already issued proceedings for defamation against the author? If so, I would say that as the interim relief is being made during the course of proceedings (also known as interlocutory injunction) it would need to be filed in the High Court.

        If no proceedings have commenced, I can't see any reason why an injunction could not be filed at the County Court but I couldn't say for certain without looking into it. CPR 25 may provide more information on interim injunctions and what court to it should be submitted to http://www.justice.gov.uk/courts/pro...rules/part25#I

        Edit: Sorry re-read your post and notice an injunction to be heard in January, have you filed this in the CC or the High Court? If the latter then I would expect that the application be filed in the same court.
        Last edited by R0b; 17th November 2016, 14:34:PM.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          Re: Interim Injunction Sought

          Hello. Update, yes injunction application, was filed in county court. Interim injunction filed in London County Court. I had the choice of reassigning the original case to london (too much time) or issuing additional (interim injunction) from L -HC.

          Carter Ruck very helpful, but as fees are quite high, they'd only advise so much!

          Comment


          • #6
            Re: Interim Injunction Sought

            That is no surprise about Carter Ruck, one of the leading firms in libel so the expertise comes with the fees

            At least you have it sorted though
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X