F1PART 65PROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT
F2SECTION VIIIInjunctions under the Policing and Crime Act 2009 F10and under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014
Pt. 65 Section 8 inserted (31.1.2011) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rule 1(3), Sch. 3; S.I. 2010/2988, art. 2
Words in Pt. 65 Section 8 heading inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 11(b)
Applications for an injunction65.43
1
An application for an injunction under Part 4 of the 2009 ActF11or Part 1 of the 2014 Act is subject to the Part 8 procedure as modified by this rule and Practice Direction 65.
2
The application F4...—
a
F5must be made by a claim form in accordance with Practice Direction 65;
F12d
must include a statement that the respondent is entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test.
F32A
If the application—
a
is on notice; and
b
is made at a County Court hearing centre which does not serve the address where—
i
the defendant resides or carries on business; or
ii
the claimant resides or carries on business,
the application will be issued by the County Court hearing centre where the application is made and sent to the hearing centre serving the address at (b)(i) or (ii), as appropriate.
(Practice Direction 65 makes further provision in respect of applications which are not made at the County Court hearing centre which serves the address where the defendant resides or the conduct complained of occurred.)
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—
F8a1
the application may—
i
be made at any County Court hearing centre;
ii
be heard at the hearing centre where the application is made; and
iii
at any stage of the proceedings, be transferred by the court to—
aa
the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or
bb
another hearing centre as the court considers appropriate;
a
the witness 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 witness 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 F9acknowledgment of service under rule 8.3, and in such a case—
a
the claimant must serve the application notice and witness statement on the defendant not less than 2 days before the hearing; and
b
the defendant may take part in the hearing whether or not the defendant has filed an acknowledgment of service.
Pt. 65 inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rule 1(b), Sch. 2 (with rule 20(2)(a))