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I have a query relating to revoking/setting aside an injunction, ( are they the same thing or not) as the court delayed previous applications and treated as an appeal and not a revocation.
The appeal was dismissed after a 5 month delay ( even with valid points of judge having incorrect paperwork etc) so I used the n244 form to apply to revoke the order and after the court conveniently "losing" my form and having to submit a 2nd one, I was then informed that due to no change of circumstances that application is dismissed and I would be liable for the (falsified) solicitors costs.
What I am trying to establish is:-
Is it just down to discretion (when revoking an injunction) via an N244 whether the judge will agree that the solicitors costs should be paid, as in a previous related hearing, ( which they incorrectly treated as an appeal), the costs were totally dismissed.
There is no evidence of any urgency for granting an injunction and also the court should not have become involved as the landlords complaints process had not been completed correctly
On the other hand, I have experienced other cases which even though won by default, the judge did not award the full amount and also allowed the party that did not originally defend themselves (hence won by default) to file a defence but did not at any stage explain why they were able to do so!!
If it was the courts error, ( eg. did not treat application correctly), are there grounds to continue to revoke/set aside order at this stage?
I was informed the injunction can be revoked at anytime and no evidence was provided to the court which justified an injunction being issued in the first place, when it was issued in 2022.
How can I possibly revoke the injunction as the court should not have become involved in the first place and were under no obligation to issue an injunction as no evidence to support it and only one party ( guess who) were able to provide a witness statement.
As the housing association failed to complete its own complaints procedure and then were successful in abusing the court process. ( Most likely as I am.a L.I.P)
The application that should have been dismissed was the access injunction order, as there was no urgency, as they had gained access to inspect property 3 years prior to the order in 2019, ( order is dated 2022) but not carried out anything since, before using false and unsubstantiated claims and changing the complaint reference.
This process has been severely delayed and I am being penalised for it!
Can anyone advise as this injunction is basically being used to hold me to ransom and the court did not question the timescale between when they did access the property at mutually agreed appointments to when they initially only gave 8 days notice of a court date 3 years later!
The appeal was dismissed after a 5 month delay ( even with valid points of judge having incorrect paperwork etc) so I used the n244 form to apply to revoke the order and after the court conveniently "losing" my form and having to submit a 2nd one, I was then informed that due to no change of circumstances that application is dismissed and I would be liable for the (falsified) solicitors costs.
What I am trying to establish is:-
Is it just down to discretion (when revoking an injunction) via an N244 whether the judge will agree that the solicitors costs should be paid, as in a previous related hearing, ( which they incorrectly treated as an appeal), the costs were totally dismissed.
There is no evidence of any urgency for granting an injunction and also the court should not have become involved as the landlords complaints process had not been completed correctly
On the other hand, I have experienced other cases which even though won by default, the judge did not award the full amount and also allowed the party that did not originally defend themselves (hence won by default) to file a defence but did not at any stage explain why they were able to do so!!
If it was the courts error, ( eg. did not treat application correctly), are there grounds to continue to revoke/set aside order at this stage?
I was informed the injunction can be revoked at anytime and no evidence was provided to the court which justified an injunction being issued in the first place, when it was issued in 2022.
How can I possibly revoke the injunction as the court should not have become involved in the first place and were under no obligation to issue an injunction as no evidence to support it and only one party ( guess who) were able to provide a witness statement.
As the housing association failed to complete its own complaints procedure and then were successful in abusing the court process. ( Most likely as I am.a L.I.P)
The application that should have been dismissed was the access injunction order, as there was no urgency, as they had gained access to inspect property 3 years prior to the order in 2019, ( order is dated 2022) but not carried out anything since, before using false and unsubstantiated claims and changing the complaint reference.
This process has been severely delayed and I am being penalised for it!
Can anyone advise as this injunction is basically being used to hold me to ransom and the court did not question the timescale between when they did access the property at mutually agreed appointments to when they initially only gave 8 days notice of a court date 3 years later!
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