How to Lodge and Request a High Court (Emergency) Hearing for an Injunction

1. Consider first what you are asking the court to do, they do not know you, your case or the circumstances surrounding your reasons. Consider if you need experts to make statements or give evidence. Get legal advice or a legal representative if you can, if you cannot afford this and it is urgent (as most Emergency injunctions are) then read on.

2. Telephone the court in question and ask them to send you by email any guides on how to lodge and request and serve for an emergency injunction hearing

3. Acquire the correct form from the court, preferably also by email, if they do not have a booklet guide for members of the public, telephone the central office and ask them for the correct form also by email if possible. The correct forms are a) A plenary summons b) A notice of motion. c) An Affidavit to attach to the notice of motion d) An Affidavit of service to show the defendant(s) have been served. Affidavits need to be sworn, on a Bible (but none were) by a solicitor. This can be done within the four courts, although asking if a person is a solicitor, and if he can swear an affidavit can be hit and miss.(Avoid anyone in stripes and chains, or the Garda or the Judge you may appear before !)

The telephone number for the High Court within the Four Courts is 01 888 6000, ask for the central office, and also ascertain how much it will be to lodge the form and any supporting documents (which can be added to later if needs be). This is undertaken by a different office from the central office, (5 minutes walk away) although the central office can advise you of the cost. They will also give you a case number for your matters and the High court will refer you to this number at all times. It cannot be sent from the central office up to the clerk of the high court without the stamp office having stamped the paid price on the document.

4. Once you obtained the correct form complete it before going to the court to the best of your ability,hence have it emailed to you to complete at home. As you appearing in an emergency in the High Court, then applications to appear vary in type. Ask the court office which form is suitable for this type of ex-parte ( ie on your own in person) initial action.

In reality and although you have completed the form as far as possible at home, you may want to check it with the central office first. If not first in the queue you (opens 10 am) could wait up to one hour before you are seen. Then you will walk five minutes to the stamp office and queue to have your form or forms stamped (multiple costs, approx €15 - €20 for a summons, or affidavit €100 approx for a notice of motion hearing). Then back to the court office, with possibly one more hour wait to have them filed and sent up to the High Court. Therefore two of you would be better, one to go between offices and one to obtain the numbered tickets required to join the central office queue. Your aim is to try to be heard before lunch, leaving you the afternoon to serve your papers and swear affidavits and notice of motion. The offices close at 4pm sharp. There

is a photocopier service in the offices beside the law library. The stamp office is located near the front entrance.

Arrive at the court at 9.45, and ask to approach the high court itself and enter, having completed and stamped the correct form and filed at the central office. You will be asked to sit at the back unless you are first in the queue. When it is your turn you may speak to the Judge (referred to as Judge) in the high court. As it is an emergency injunction wait for the clerk of the court to let you speak verbally to the court and Judge to request an emergency injunction because ..etc.

Either your emergency injunction will be granted on the spot or you will be given a hearing date within three or four days, to give the defendants time to appear and reply. You can request a date sooner, so try and find out the calendar and holidays of the Judge to avoid any delays in getting a court hearing or relevant information pertaining to a court date as soon as possible.

5. Either way the defendants will want a hearing to rebut your reason for wanting an injunction whether it is granted on the spot or not. If you have been granted the emergency injunction, the court will serve the defendants with an injunction or you can take it (also, as it is an emergency) and serve it on them (which will then require an affidavit of service for the court as proof after)

From the beginning the court and defendants will require a name and address of the person taking the action, and you will be sent their defense or be given it on the morning of the hearing. Should you lose and be found to have a very unreasonable case then that is where the order for costs (the defendants and possibly the courts) will be sent. This is at the Judges discretion, but it is not unreasonable to protect heritage sites.( Especially as every environmental impact study was

carried out incorrectly and is illegal according to the European courts of Justice's Judgment in early July 2008, this effects the length of the whole problem )

If you were granted a hearing within three or four days then you need to file a Notice of Motion and affidavit of your reasons (in brief, as headings, not as outline arguments) and serve them with the notice of motion.

First pay the stamp, and then photocopy a copy for each defendant, a copy for you and a copy for the court, and then file a copy with the court. You may have to give these notices and affidavits to the clerk of the court by hand as they need to write in the court date and time and other particulars. As it is an emergency injunction the normal process of this information being sent down to the central office or to your offices (as a solicitor or legal executive...which you are not presumably) is not applicable. The clerk needs to complete their information before you can file and serve.(but they will not unless the stamp is paid)

The court has a courier service which costs €15 if central, but is proof of service, or there is the post office special delivery €5, or if central by hand and get a receipt from the front desk or the defendant themselves.

6. Go home and prepare your case, legal argument etc. Make a file of all the supporting documents you will cite (verbally cite in court, do not write and serve to the other side your every argument or strategy, albeit an emergency injunction is a relatively simple matter ). Ask your legal witnesses to prepare a statement in support of your case, these will need to be sworn in affidavit form before being listed in your documents file.

Add any relevant case law if you can preferably in a separate file as you can cite this. Along with any precedents of previous supporting cases.

7. Once the file is complete and it may be that you have none of the above, but do the best you can, all documents paint a picture for the court to weigh up the matter. Once complete, photocopy it several times and duplicate all files.

One for you, one for the court (inquire if they need more than one copy..the Supreme court requires 5 copies)and one for each defendant and serve upon them also. If only one copy, you can give it to them on the morning of the hearing, but the court may take a dim view of this, but as it is an emergency injunction and you are acting in person (inexperienced and unqualified) then you will be ok. The law is not a clerical exercise dependant on experts it is also Equitable as well as legal and it should be accessible to everyone. Remember that you have as much right to be there as the next person, and the court is for you too.

8. On the morning of the hearing find the time you are listed, and find the other sides solicitor or legal team. It may be they have not come to court or wish to seek an adjournment, you can of course repeat the seriousness and urgent nature of your case to rebut an adjournment and you are likely to succeed in this particular matter of emergency injunction. If they have not turned up and you can prove they have been served then after 28 days you will be awarded (officially) the case. A plenary summons allows 28 days but as you were given a hearing or 3 days hence, then the judgment will go in your favor on the day of the hearing. You need to get a copy of the order which sumarises the judgment and serve it upon the defendants who must act upon it or they will be liable for contempt and damages to repair any works completed after that date. As they may

have done damage before the hearing enforcing the order will be the at the courts direction, and may involve the Garda.

9. once proceedings have begun, you will be asked to give your arguments and then the defendants will rebut with their arguments, and you will follow again with a summing up. You may at any point call a witness as long as they have sworn a statement in affidavit form (a witness or an expert...or both).

As it is an emergency injunction you are more likely to present the witness or expert evidence in statement affidavit form only, and as it is, or as they are already in your file of particulars (case file) then the other side and the court will be impressed by them. They should state clearly their name, profession, experience and expertise and weight of their opinion (are they leading in there field etc). However even if they do not give verbal evidence to the court but do attend the court do not hesitate to point out their presence in the court to the court and Judge from the beginning. (verbal evidence must follow their written statement in affidavit, although a skilled statement may not reveal everything a witness and expert will say as long as they verbally do not stray too far from the subject at hand). You can ask them questions as can the defendants Barrister.

10. Do not hurry, make points of everything you wish to say, don't panic, and allow the Judge to question you and it is a good idea to have numbered your pages in your case file and made an easy to follow contents page at the front, with numbered tabs etc. This stops the judge getting irritated. Do not write down your entire argument as an essay to read out as your case. The judge will allow

you a certain leniency being as you are a Plaintiff acting in person and who is not expert or experienced. Make notes of the defendants Barristers case points for rebuttal when you sum up.

Once all have spoken the judge may retire or may make a judgment straight away. If you lose you can ask to appeal to Supreme Court, or if you have a reasonable case the judge may state that you can appeal to Supreme court before they finish the Judgment. Costs should be waived at this juncture, but if the case is appealed and you have been asked to pay the costs, ...paying it can also be a part of your appeal, in that you can appeal those costs.

In summary

If you lose and have possessions and a home or a Job they can be used as collateral or payment of the case costs. If you have none of these you can be the Plaintiff, but if you you are not confident a friend or colleague or whoever else is involved can represent you as counsel or as the speaker in the hearing etc. This way the best case is put forward and it will bear no costs as if you have no income or collateral then you cannot pay those costs. They can also help clerically of course. In reality you should not have to pay those costs.

As an encouragement every member of staff at the Four Courts is helpful and if you approach it politely you can ask anyone who is legally qualified small aspects of the case. There are opportunities to do so in a queue, or at counters or whilst sat waiting in various but numerous places. A good place to get advice is in the basement Cafe.

Order a scone and a cup of coffee, which are very edible and not too expensive, and whilst enjoying the break, lean over to the nearest person in a white wig and say excuse me, can I ask

you ...etc etc. Its not orthodox but its the cheapest consultation you will ever get. Its possible to repeat this in the restaurant and the bar, but try to remain sober.

All in all with court fees, photocopying, serving papers (car-parking fees in Dublin) and food etc the Emergency injunction will cost you about €500.

I stayed with friends near to the court but had to travel to Dublin and they did not charge for accommodation (3 days to wait for hearing) they had a computer and a printer and patience.

The European Court of Justices ruling that all Environmental Impact Studies are incorrectly carried out is reason enough for an injunction. Known as a material change in circumstance, the material change from the outset to Meath and our Archaeological heritage is appalling and is ugly, destructive and desecration.

There are many reasons for a material change in circumstances and many reasons without a material change in circumstances for an emergency injunction.

If applying for a specific area for an injunction, be very specific and pinpoint a section of the area you object too or believe is causing the offense. Narrow it down, as should you fail this will prevent “Rex Judicata” (Previous Judgment applying and superior ...however every Judgment

has been overturned at some point, becoming itself a new precedent) from applying to other injunction applications other people may make.

Different reasons for an injunction also prevent “Rex Judicata”

A wider history of an area the pinpointed area is set within is not a part of the specific case and gives a wider view to support your argument.

This idea can be applied then along all areas (a grid map reference would be beneficial) all along the problem.

It can be applied anywhere and everywhere in the world, adapting to those circumstances of course...