Injunctions
national |
rights, freedoms and repression |
opinion/analysis 
Tuesday February 21, 2006 13:33
by Brendan Kelly
Difficulty with a legal injunction
I am in a difficult situation regarding a legal injunction, the terms of which I find very confusing.
I am wondering if any Indymedia subscribers might be able to help me better understand what is going on?
There has been some correspondence in connection with this particular difficulty - which can be seen at:
http://groups.yahoo.com/group/TheCelticParty/message/269
The injunction in question relates to a huge rubbish dump near my home, and the core legal problems have been set out in an application my daughter made for Legal Aid in November 2004 (which has been turned down) at the address below:
http://www.annmariekelly.org/LegalAidApplication/3Novem...4.htm
If any readers can help, please comment.
Comments (2 of 2)
Jump To Comment: 1 2"An injunction is a court order which directs a party to do, or to refrain from doing, some particular act. Once an injunction is granted it is ultimately enforced by committal to prison if disobeyed."
"In cases of urgency an application may be made "ex parte", that is, without notice to the offending party, for an interim injunction. This application is heard on affidavit and, where granted, is effective for a few days while the offending party is given time to come to court and present a case."
"The court, having heard both sides, may discharge the injunction or grant an interlocutory injunction which continues in force until the action is heard."
The three pieces of text above have been taken from a much longer section on the subject of injunctions at Page 228 of "Principles of Irish Law" (Fifth Edition) by Dublin based Barrister Brian Doolan.
I hope it will be of some help to you Brendan - for the purpose of knowing where you stand exactly (at the present time) in terms of the law.
The point I am coming from is more or less learned from the coal face of activism.
There are many groups facing these problems with regard to injunction, and there is no centre for finding out about these things. It is isolating, but to deal with that issue
create links with groups who are dealing with injunction such as Shell to Sea.
Tara Heritage Preservation Group have done meetings on points of law regarding
planning and citizen empowerment also.Its not necessary to take a course in law but I would like to see an info centre created where people can access these informations.
I am sorry that I can't be of more help to you. Chris
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