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What is correct form to revoke civil injunction order?

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  • What is correct form to revoke civil injunction order?

    Hello

    I have a query relating to whether the N244 form is the correct form to request to revoke an injunction.

    The terms of the injunction are false and claiming that access was not provided for a repair that was reported to a social housing landlord in December 2018.

    They did come out and do so called inspections in 2019 and suggested some work via a complaint response, which was never started.

    I know that by 2021 that no work was even authorised and also found out that my complaint was closed,without informing me.

    There are a few other issues to add to this, but I am mainly trying to establish the correct procedure to revoke the injunction ( as it can be revoked at any time).

    The court is a bit of a nightmare and has had a tendancy to conveniently "lose" pertinent documents and then act as if it was never sent in the first place.

    Can anyone advise please?
    Tags: None

  • #2
    It would be an application notice (sorry, I don't do form numbers). Your application will need to be heard by the same level of judge as the one who made the injunction that you seek to discharge.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Yes form N244
      High Court fee is £569
      County Court fee is £332

      Comment


      • #4
        I have a further query relating to revoking an injunction, as the court delayed previous applications and treated as an appeal and not a revocation.
        The appeal was dismissed ( 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.
        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.
        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 done 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!

        Comment

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