F1PART 65PROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

Annotations:
Amendments (Textual)

SECTION IHousing Act 1996 injunctions

Applications for an injunction65.3

1

An application for an injunction under F2Chapter III of Part V of the 1996 Act shall be subject to the Part 8 procedure as modified by this rule and the relevant practice direction.

2

The application must be—

a

made by a claim form in accordance with the relevant practice direction;

b

commenced in the court for the district in which the defendant resides or the conduct complained of occurred; and

c

supported by F3a witness statement which must be filed with the claim form.

3

The claim form must state—

a

the matters required by rule 8.2; and

b

the terms of the injunction applied for.

4

An application under this rule may be made without notice and where such an application without notice is made—

a

the F4witness statement in support of the application must state the reasons why notice has not been given; and

b

the following rules do not apply—

i

8.3;

ii

8.4;

iii

8.5(2) to (6);

iv

8.6(1);

v

8.7; and

vi

8.8.

5

In every application made on notice, the application notice must be served, together with a copy of the F5witness statement, by the claimant on the defendant personally.

6

An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgement of service under rule 8.3, and in such a case—

a

the claimant must serve the application notice and F6witness statement on the defendant not less than two days before the hearing; and

b

the defendant may take part in the hearing whether or not he has filed an acknowledgment of service.