Civil_Legal_Bulletin-November_07.pdf
40.77 kB
12/11/2007
The recent case of Lawer v Restormel Borough Council has provided new guidance on ex-parte injunctions. The following casenote will be of interest to housing and immigration lawyers and other practitioners who undertake ex-parte injunctions on behalf of claimants.
Lawer, R (on the application of) v Restormel Borough Council [2007] EWHC 2299 (Admin) (12 October 2007)
The Defendant local authority was successful in its application for the discharge of an ex parte injunction requiring the Defendant to provide interim accommodation pending its review of the decision not to grant housing, which had been obtained out of hours from the Duty Judge. Munby J found for the Defendant because there was no justification for the injunction. Furthermore, there had been significant non-disclosure to the Duty Judge.
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> Emergency court applications are not always justified - The Times (21/12/07)
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