ArthurWankspittle wrote:One day I'll read it all up and get it straight in my mind. I think it has to be the High Court because the complaint is asking for an injunction and you can't get an injunction in a County Court. Alternatively, it has to be "urgent" and therefore has to go to High Court as some category of "urgent"; if it were listed for County Court, you would be getting a hearing in February probably in the normal course of things.
Edit: You can get an injunction in a County Court. I think this going to High Court is a speed and publicity thing unless Haining knows there is some legal reason why it has to be High Court (unlikely).
It also may be a tactic by Haining because it is a lot easier for him to get to the High Court than it is for Gillard. However, that could backfire because the judge could say go and sort it out in the local County Court which, as has been suggested, would allow Gillard to get the case moved to his local County Court (Preston?) due to his personal circumstances.
Yes, you can get an injunction in County Court - I am looking at one now.
In terms of speed, the application for a without notice injunction was made on the 8 January and the penal notice was made on the 10 January so (unless this is an isolated incident), injunctions issued by a County Court appear to be quite prompt.
P.S. The court fee was £175 - the claimant did not qualify for any discount.
P.P.S. Maybe it has had to go to the High Court because of the nature of the injunction being sought?
The injunction referred to above was sought because the applicant was claiming that the actions of the defendant caused 'alarm,distress and fear of violence'.
Maybe, if an injunction is sought to prevent libel, for example, it must go to a different court?
I don't know, just wondering?