Injunctions Case Examples & Precedents

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Consumer  |   Injunctions  |   Small Claims Court

 

Particulars of Claim for Assault & Trespass Injunction

Affidavit in Support of Injunction

Particulars of Claim for Assault & Trespass Injunction (Common Law Injunction)

 

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [MAY VICTREE]Claimant
 AND
 [IVOR PROBLEM]Defendant
 PARTICULARS OF CLAIM 

1.

At all material times the Claimant was the tenant of 4 Taurus Row, Anytown.

2.

The Defendant was the Claimant's former partner and they separated on or about November 20.....

3.

On the 5th May 20.... the Defendant came to 4 Taurus Row without the Claimant's permission and demanded to be let in. When the Claimant refused to allow the Defendant into her flat he broke down the door and assaulted the Claimant.

4.

On or about the 10th May 20.... the Defendant telephoned the Claimant and threatened to kill her.

5.

On various dates between the 6th-10th May 20.... the Defendant posted offensive letters through the Claimant's letter box at 4 Taurus Row.

6.

On or about the 11th May 20.... the Defendant came to the Claimant's front door and painted offensive slogans about the Claimant on the door and shouted threats to harm the Claimant until the Claimant called the police and the Defendant ran away.

7.

As a result of the Defendant's behaviour the Claimant has suffered loss, damage and injury.

PARTICULARS OF INJURY

a) On the 5th May 1996 the Defendant assaulted the Claimant causing her a black eye.

PARTICULARS OF DAMAGE

5th May 20....

Cost of replacement door

£200.00

10th May 20....

Cost of repainting door

£ 80.00

  

Total: £280.00

AND THE CLAIMANT CLAIMS

1.

An injunction to restrain the Defendant from:

a) Molesting the Claimant, whether by actual or threatened violence or other action likely to injure her physical or mental health.

b) Trespassing on the Claimant's home at 4 Taurus Row, Anytown.

2.

The cost of a replacement front door and repainting the front door being £280.00

3.

Interest on the sum of £280.00 in accordance with the County Courts Act 1984 or as the court thinks just.

4.

Costs.

Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.

Dated this 12th day of May 20....

To the court and
to the Defendant

 

SIGNED..........................[Claimant]

 

of [Address],

 

at which address he/she will accept service of proceedings.

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If you are applying for an assault or trespass injunction (common law injunction) change "Applicant" and "Respondent" to "Claimant" and "Defendant" respectively. You can use either an Affidavit or a Statement. If you are applying for an injunction in divorce proceedings change "Applicant" and "Respondent" to "Petitioner" and "Respondent".

Affidavit in Support of Injunction

 

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [JUNE TIME]Applicant
 AND
 [JUSTIN TIME]Respondent
 AFFIDAVIT OF JUNE TIME 

I, June Time of 1 Broccoli Road, Anytown, the above named Applicant MAKE OATH and say as follows:

1.

I make this affidavit in support of my application for an injunction against the Respondent.

2.

The Respondent and I were married on 1.4.1985. We live together at 1. Broccoli Road, Anytown and we have 1 child called Mary aged 2.

3.

On the 1st June 20.... the Respondent came home at 6pm in the evening very drunk. He started calling me names and whilst I was holding Mary he pushed me and I fell and dropped Mary. Mary bruised her head and I cut my leg against a glass table.

4.

On the 10th June 20.... during an argument about some bills that the Respondent had not paid he punched me in the face causing me a black eye and a cut lip.

5.

The Respondent has been violent to me in the past. On our honeymoon he slapped me because he did not like a dress I was wearing. When I was pregnant with Mary in 1994 he pushed me onto the floor and I almost had a miscarriage.

6.

The Respondent threatened to kill me if I told the police or went to see a solicitor. I believe the Respondent is capable of carrying out these threats.

7.

I ask this court to protect me and order that the Respondent should leave the home and should not harm myself or our child in the future.

8.

I make this affidavit believing the contents to be true.

Sworn at

)

 

)

In the County of

)

 

)

This day of

)

 

)

Before me

)

 

)

Solicitor/Commissioner for Oaths/Officer of the Court.

 

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