Andrew Judge recently represented clients applying for an injunction in a Direct Access case involving serious allegations of Threats to Kill, Arson, Criminal Damage and Harassment . This was an ‘in person’ hearing in the County Court against a litigant in person.
The parties were engaged in a substantial civil dispute. As well as background of allegations of threats to kill, threats of arson and criminal damage endangering the clients and their property, the respondent was also accused of harassment. Andrew was instructed to seek a renewal of an earlier injunction.
Multiple breaches of the previous injunction were alleged by the clients. Their primary concerns centered on their safety and ensuring that the respondent did not approach them or their home personally. There was also the need to prevent the respondent from harassing the clients by making allegations about them to third parties, both in person and online.
The starting point was a full telephone conference in advance of the hearing. Andrew then completed a detailed position statement setting out the previous order, the alleged breaches of that order and the further amendments sought by the client.
The position statement was then refined further through further communication with the clients and filed with the court.
There was no opportunity to speak with the respondent before the hearing as he arrived late. The respective positions were therefore argued for the first time before the Court.
Andrew made representations in support of changes to the previous injunction. Following argument, the Court directed new provisions preventing the respondent from:
- Intimidating, harassing or pestering the applicants indirectly by communicating with third parties by any means (including via social networking websites or other forms of electronic messaging).
- Entering the access roads to the clients’ property.
- Intentionally coming within 25 metres of either client.
Following the hearing, Andrew drew up the order which was filed with the Court.
The clients were kind enough to write to chambers, full of praise for the way Andrew assisted them during the case:
“Thank you for your time, care and consideration in arranging for Mr Judge to represent us so professionally yesterday.”
“Mr Judge was of course well prepared, well versed in the matter and was a pleasure to work with, especially since we achieved the result we sought.”
“We would have no hesitation in recommending Westgate Chambers and especially working with Mr Judge in the future if required.”