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Hi there.
I've obtained a without notice injunction under the Torts (Interference with Goods) Act 1977. I asked for an order providing delivery but - since it was without notice - the judge instead ordered that the goods be untouched by the defendant pending further orders, and has ordered a hearing for Wednesday coming (i.e. just a few days later).
So far so good.
The parties now wish to (informally) arbitrate the matter. Also good. The problem is the hearing. The defendant is a company, who must engage counsel to represent them at the coming hearing. I can't tell you much about myself to preserve anonymity, but suffice to say that I don't have a barrister!
I - and the other side - would like the hearing on Tuesday to be stayed for a few days to allow discussion without racking up legal costs. Which is a good objective, as I have reason to believe that they will deal on sensible terms.
I do have some advice from a solicitor, who tells me that there is no way to stay the hearing, and that we must attend and be heard.
Does this sound right? This area of law seems not to be the solicitor's speciality, but equally I have no time or resources to secure another one!
Any pointers would be gratefully received.
I've obtained a without notice injunction under the Torts (Interference with Goods) Act 1977. I asked for an order providing delivery but - since it was without notice - the judge instead ordered that the goods be untouched by the defendant pending further orders, and has ordered a hearing for Wednesday coming (i.e. just a few days later).
So far so good.
The parties now wish to (informally) arbitrate the matter. Also good. The problem is the hearing. The defendant is a company, who must engage counsel to represent them at the coming hearing. I can't tell you much about myself to preserve anonymity, but suffice to say that I don't have a barrister!
I - and the other side - would like the hearing on Tuesday to be stayed for a few days to allow discussion without racking up legal costs. Which is a good objective, as I have reason to believe that they will deal on sensible terms.
I do have some advice from a solicitor, who tells me that there is no way to stay the hearing, and that we must attend and be heard.
Does this sound right? This area of law seems not to be the solicitor's speciality, but equally I have no time or resources to secure another one!
Any pointers would be gratefully received.
