Interim Injunction Sought

[Koala1]

Hearing, and reading, conflicting advice, regarding an Application for Interim Injunction (without notice).

It can be processed via High Court - or London County Court (Thomas Moore Building) but which form is it filed upon?

[ploddertom]

Re: Interim Injunction Sought

Are you sure this is the correct way to proceed? Can you say more about the background to it?

[Koala1]

Re: Interim Injunction Sought

hello. Defamatory material published online.
Discussed it with legalbeagles - amethyst - assessed issue with Carter Ruck.
Best course of action was to file against individual author .

Followed protocol - contacted author, with detailed complaint / requested removal material / contacted google - removal team / contacted isp host company with complaint and details / author ignored issue. / did not respond any communications / Google declined - out of their hands etc" / isp company denied all liability, simply a hosting company. / sent recorded detailed letters of complaint, with evidence, to all - author, isp company / again ignored.
filed an injunction case in court, hearing in January.
Filed claim against the ISP Company and individual directors - so a section 5 (2) defence, is no longer able to be relied upon.

Now, material remains public and visible - I intend to proceed with "interim relief" via injunction.
So, the question remains.....

[R0b]

Re: Interim Injunction Sought

So did Carter Ruck not inform you where to file it?

Injunctions can of course be made in the county court, but claims for defamation cannot and must be made in the High Court unless both parties agree to County Court jurisdiction, which is very rare.

Have you already issued proceedings for defamation against the author? If so, I would say that as the interim relief is being made during the course of proceedings (also known as interlocutory injunction) it would need to be filed in the High Court.

If no proceedings have commenced, I can't see any reason why an injunction could not be filed at the County Court but I couldn't say for certain without looking into it. CPR 25 may provide more information on interim injunctions and what court to it should be submitted to http://www.justice.gov.uk/courts/pro...rules/part25#I

Edit: Sorry re-read your post and notice an injunction to be heard in January, have you filed this in the CC or the High Court? If the latter then I would expect that the application be filed in the same court.

[Koala1]

Re: Interim Injunction Sought

Hello. Update, yes injunction application, was filed in county court. Interim injunction filed in London County Court. I had the choice of reassigning the original case to london (too much time) or issuing additional (interim injunction) from L -HC.

Carter Ruck very helpful, but as fees are quite high, they'd only advise so much!

[R0b]

Re: Interim Injunction Sought

That is no surprise about Carter Ruck, one of the leading firms in libel so the expertise comes with the fees

At least you have it sorted though