Draft Order for an Injunction

EXERCISE 19-SUGGESTED ANSWER

IN THE HIGH COURT OF JUSTICE Claim No 2003 HC

QUEEN’S BENCH DIVISION

MR JUSTICE (            )

(Date)

BETWEEN

RONNIE ROWLAND  ENTERPRISES LTD                Applicants

and

WEST MOLESWORTH BOROUGH COUNCIL          Respondents

the Claimant and Defendant in an Intended Claim

DRAFT ORDER FOR AN INJUCTION

IMPORTANT

NOTICE TO THE RESPONDENT….etc

An Application was made on the 3rd December 2003 by Counsel for Ronnie Rowland Enterprises Ltd (RR) (who are to be the Claimants in a Claim against West Molesworth Borough Council) to the Judge who heard the application supported by the witness statement listed in Schedule 1 and accepted the undertakings in Schedule 2 at the end of this Order. IT IS ORDERED that :

THE INJUCTION

1.    Up to and including (date) (‘the Return Date’) the Respondents must not:

(1) ban boxing match from taking place at Council hall on Saturday 6th December      2003.

(2) prevent RR and any of his people both admission into hall to organise fight and allow RR to sole use the hall, apart from the council employees using their offices, during 3rd to 9th December inclusive.

(3) cease from providing electricity, and both caretaker and technical advice during that period.

(4) ban Western TV Limited to televise the fight.

COSTS OF APPLICATION

2.    The costs of this application are reserved.

VARIATION OR DISCHARGE OF THIS ORDER….etc

NAME AND ADDRESS OF APPLICANTS’ SOLICITORS….etc

INTERPRETATION OF THIS ORDER….etc

THE EFFECT OF THIS ORDER ….etc

SCHEDULE 1

Witness statements

The Judge read the following witness statement before making this Order:

Statement of  Ronnie Rowland made on 3rd December 2003.

SCHEDULE 2

Undertakings given to the dCourt by the Applicant

(1)    If the Court later finds that this Order has caused loss to the Respondents, and       decides that the Respondents should be compensated for that loss, the Applicants will comply with any Order the Court may make.

(2)    As soon as practicable the Applicants will issue and serve on the Respondents a Claim From in the form of the draft produced to the Court and initialed by the Judge claiming appropriate remedies together with this Order.

(3)    As soon as practicable the Applicants will serve on the Respondents an Application Notice for the Return Date together with a copy of the written evidence and exhibits containing the evidence relied on by the Applicants.