N16a Form

[millie24]

I wondered if anyone could help me? I've submitted a N16a Form to apply for a civil injunction against a neighbour. This man has been harassing me and defaming for the last 2 years, has assaulted my partner and forcibly entered (and locked himself into) my home. He's been served with a Community Resolution Order by the police, who have also investigated him for stalking, malicious comms and harassment. After 5 weeks of delay, my claim has been struck out as I ticked the wrong box on the form ('by application in pending proceedings'). I've now been asked to resubmit (at a cost of another £332) or file an N24 form to request the judge 'set aside' the claim. All I did was tick the wrong box! I assume that I needed to have ticked the 'under statutory provision box' and entered 'Protection from Harassment Act 1997'. Does anyone know if this correct and if so, whether I need to specify a clause. Also, why would I need to apply to have the claim 'set aside'. Any advice please?

[atticus]

Who exactly has told you to do this?

Surely you can be permitted to amend the form, under CPR 3.1 or 3.10. Other rules can probably be found that would apply.

[millie24]

Who exactly has told you to do this?

Surely you can be permitted to amend the form, under CPR 3.1 or 3.10. Other rules can probably be found that would apply.

Thank you for your response. I received a General Form of Judgement or Order from Reading County Court which stated:

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UPON considering the application for an injunction in which the Applicant states it is made in existing proceedings.

AND UPON noting that the prceedings between parties under the case number XXXXXX were discontinued by the Claimant in June 2022 and that there are no current proceedings between the parties within which an injunction of this nature can be sought.

WITHOUT NOTICE

IT IS ORDERED THAT the Application is hereby struck out.

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The case refered to is money claim against my freehold company of which the defendent is a director. I dropped this claim in June 2022 as I was desperate to sell my home and could not afford for existing legal proceedings to jeopardise the sale. The injunction I have filed for is a completely separate issue. The only common thread is that the defendant is abble to harass me due to his posiiton as a director of my freehold company.

Any advice would be appreciated.

[atticus]

Reading that wording, you appear to have applied for the injunction in existing proceedings rather than start a fresh claim.

I wonder if you may have inadvertently made a mistake in typing in the old claim number.

[millie24]

Thank Atticus. I realise I ticked the wrong box. The question is, which one should I have ticked:

1: Under Statutory Provision.... (assuming the Protection from Harassment Act 1997?)

OR

2: This application is made under Part 8 of the Civil Proceedure Rules

And, in your professional opinion, do you think can I amend this mistake without paying twice, resubmitting the N16a and potentially waiting another 6 weeks for the court to process it.

The money claim reference was not mentioned anywhere on the injunction form or in the supporting evidence. The district judge has put 2 and 2 together and made 9 here. The money claim in respect of legal fees incurred was against Tartary Management Limited, not the defendent.

[atticus]

You m ay try applying to amend your application, but this may take longer to sort out than starting afresh.

It appears that you need to bring a claim under s3 of the Protection from Harassment Act 1997, and within those proceedings to apply for an injunction.

I can see no way to avoid another fee, albeit that you may be entitled to help with fees: https://www.gov.uk/get-help-with-court-fees

[millie24]

Thank you Atticus.

So, just to clarify, I should file another N16a form, this time ticking the 'Under Statutory Provision' box and naming s3 of the Protection from Harassment Act 1997. Or, do I need to bring a separate claim first, using another form, and then file for an injuction separately using the N16a?

I assume you're suggesting I disregard the advice from HMCTS regarding filing an N24 form to 'set aside' the claim.

Unfortunately I'm not entitled to help with fees and so far I'm about £10k down in life savings spent on legal fees.

The moral of this story is 'never buy leasehold property'!