Civil Injunction Request - Thrown Out on Technicality

[millie24]

Hello,

I wonder if somebody could advise me please?

I recently submitted an N16a form (civil injunction request) to Reading County Court on the advice of Citizens Advice. The injunction was against a neighbour who has been harassing me for 2 years and who the police have already investigated and issued with a Community Resolution Order in respect of his behaviour towards me.

After 5 weeks of chasing (injunctions are supposed to be heard the same day) I received a letter stating the request had been struck out. The letter stated:

---------

UPON considering the application for an injunction in which the applicant states it is made in existign proceedings.

AND UPON noting that the proceedings between the parties under case number 277MC263 were discontinued by the claimant in June 2022 and that there are no current proceedings made between the parties within which an injunction of this nature can be sought

WITHOUT NOTICE

IT IS ORDERED THAT the application be struck out

---------

I realise I'd ticked the wrong box on the N16a form and that the court would have been unable to pursue an injunction on these grounds as there were no existing proceedings in place (there were no proceedings in June 2022 either, this was a mistake on the part of the court).

What I'd like to clarified is whether my injunction request would have been heard if I'd ticked either of the other 2 boxes - specifically 'Under Statutory Provision' (The Protection from Harassment Act 1997)?

It's important to note that I had paid the filing fee of £332. The court are point blank refusing to answer my emails or provide any furher information and have said only that I should either:

a) re-apply and pay a further £332 or
b) fill in an N24 form apply to the court to have the case 'set aside'

They would not eleborate further on the latter, despite being asked.

I have also been advised that I should be able to have the form amended under CPR3.1 or 3.10. Again I have had no response to this, despite making a formal complaint.

I'd be grateful for any advice.

Millie

[atticus]

already covered here: https://legalbeagles.info/forums/for...7020-n16a-form

Have you applied to amend under those rules?

[millie24]

Hi Atticus, yes I've asked and they won't allow me to amend anything. They just keep repeating that I can't apply for an injunction 'in pending proceedings' without there being an existing case, which obviously I know now.

I've repeatedly asked if I can amend the form, under 3.1 and 3.10 as you suggested. No response. Or else they just say 'that's what the judge says, we're not legally trained' and / or 'you'll have to take legal advice'.

I've aksed the question: 'if I ticked the box Under Statutory Provision' would the case have been heard and they just ignore the email. So I'm guessing that's a 'yes'!

I've disputed the charge with my card provider as a last resort.

[atticus]

I get that you have asked. But have you asked by making a formal application using form N244, paying the fee etc?

[millie24]

No. I asked what it means to request a claim be 'set aside' using an N244 (no answer, of course) but can't really see how this form is applicable? I.e.

'to ask a court to set aside or vary a judgment, or suspend an enforcement process'.

The case hasn't been heard yet.

[atticus]

Have you actually looked at an actual N244 form? https://assets.publishing.service.go...87082/N244.pdf

[atticus]

There is always the course of action suggested in your original thread

You may 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]

Thanks Atticus. So to clarify, there have to be existing proceedings to pursue a civil injunction against an individual, regardless of which box is ticked? I've been misadvised?

Having spent £10k+ on legal fees and hours of my time on this, I've lost all faith in the police and criminal justice system. I'll get myself a baseball bat and some pepper spray instead. This is clearly the only way I can protect mysef against a man who the system is more interested in protecting (due to his 'mental health' condition) than protecting a woman who's been harassed for years and physically assaulted in her own home (whilst undergoing treatment for cancer). Disgusting.

[millie24]

Thank you for all your help.

[millie24]

Have you actually looked at an actual N244 form? https://assets.publishing.service.go...87082/N244.pdf

Sorry I missed this. Yes I have looked at the form. Both when it was suggested and again yesterday. I can't see how it's relevant? I've already submitted a statement and evidence, including video footage of the man breaking into and locking himself into my house. Also police crime reference numbers.

The fundamental question is: am I able to file for a civil injunction against an individual (under any cirmstances) when there are no existing proceedings against him? There's no point pursuing a dead end if I need to instigate some other proceedings first.

A year has elapsed since he was last physically violent, which may also have a bearing on the outcome. He's pursuing different tactics now, like stalking my tenants and loitering outside my property to intimidate. Also circulating defamatory emails about me to other leaseholders.This is clearly going to have a devasting (potentially bankrupting effect) on me financially if my tenants start to feel unsafe and move out as a consequence. I've tried to sell my property in desperation, but he contacted my estate agent and told the buyers not to buy the property, which, along with other issues caused the sale to collapse, costing me almost £4,000. The situation is ruining my life.

So there are several issues here as you can see. The police will do nothing due to 'insufficient evidence'. He has a social worker and medical team, but as far as I'm aware they're not communicating with one another and there's no consistency. He should not be at large in the community due to the danger he poses (he's brain damaged / has early onset demetia due to severe epilepsy) but nobody is interested. They will only sit up and take note after he actually stabs somebody - probably me.

[atticus]

As I said in post 7 (and on your other thread) -

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.

[millie24]

Thank you.

Can you advise how I bring a claim under s3 of the Protection from Harassment Act please? Which form do I need to fill in and how much will it cost? Do I need legal representation etc.? I just seem to be going round in circles.

From what I have read the court are reluctant to grant injunction on 'human rights' grounds and this is my experince with the authorities to date.

'The Courts are generally reluctant to grant injunctions and have confirmed that injunctions are only to be granted where absolutely necessary, as there are implications in respect of an individual’s human rights when having an injunction taken out against them. Any subsequent breach of an injunction is punishable as a crime'.

[atticus]

You need to begin with a Part 8 Claim Form - https://www.gov.uk/government/public...orm-cpr-part-8

see CPR 65.28 - https://www.justice.gov.uk/courts/pr...art65#IDA5UZIC

You will need to comply in full with CPR Part 8 , particularly CPR 8.5. This means that you need to file a written statement with your claim form - these must also be served on the defendant. https://www.justice.gov.uk/courts/pr...les/part08#8.5

What is the source of your quotation?

[millie24]

Thank you. This is very helpful. I'll have a look into it tomorrow.

The quote came from an online search: https://www.nelsonslaw.co.uk/harassm...m-civil-court/

[Manxman]

Thanks Atticus. So to clarify, there have to be existing proceedings to pursue a civil injunction against an individual, regardless of which box is ticked? I've been misadvised?

Having spent £10k+ on legal fees and hours of my time on this, I've lost all faith in the police and criminal justice system....

You say CAB advised you on this? Have you complianed to them?

I'm not 100% certain of this myself, but I was recently told by someone who used to work for CAB that they are insured against giving wrong advice to people who refer problems to them.