Watson v Evershed LLP [2015] EWHC 2078 (QB) (17 July 2015)

No claim form issued, no notice given, no urgency or justification demonstrated; court cannot entertain or grant interim injunction without proper procedure. Application is totally without merit.

Citation: [2015] EWHC 2078 (QB)
Parties: Proposed Claimant: Elizabeth Watson; Proposed Claimant: Craig Watson; Proposed Defendant: Eversheds LLP and their agents (inc Paul Mitchell, Hailsham Chambers)
Jurisdiction: England and Wales
Judgment Date: 17 July 2015
Procedural Posture: Interim Injunction Application (pre Action) / Pre Issue, Oral Hearing
Outcome: application refused
Legal Topics: Interim Injunctions, Fraud on the Court, Possession Orders, Appeals, Without Notice Applications

Civil Procedure Property Law Interim Injunctions Fraud on the Court Possession Orders Appeals Without Notice Applications

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Elizabeth Watson

Proposed Claimant

Craig Watson

Proposed Claimant

Eversheds LLP and their agents (inc Paul Mitchell, Hailsham Chambers)

Proposed Defendant

Procedural Posture

Interim Injunction Application (pre Action) / Pre Issue, Oral Hearing

Legal Issues

1 Whether the court can grant an interim injunction without a claim form or notice to defendants
2 Whether there is urgency or justification for a without notice application
3 Whether procedural defects or alleged fraud justify suspension of a possession order

Ratio Decidendi

No claim form issued, no notice given, no urgency or justification demonstrated; court cannot entertain or grant interim injunction without proper procedure. Application is totally without merit.

Court Disposition

application refused

Orders

No interim injunction granted
No extension of time for appeal granted