Q1. How do I make an application for an injunction / harassment claim?
You will need to make an application to representation higher.
For guidance on how to submit an application request in LAMS, refer to Section 16.0 of the LAMS Supplier Manual and ‘Submitting an application’ in the Instructional Videos.
Q2. What information do LSANI require?
Please provide the following:
- Best estimates of prospects of success and likely costs, as defined in the guidance and in the online application.
- Clear statement from client describing the history of events which give rise to the application.
- If defending, a detailed statement from the applicant as to their defence to each allegation in the plaintiffs affidavit.
- Dates of all incidents and details of the nature of the incidents.
- Details of the relationship between parties and reasons why an application for a non-molestation order is not more appropriate.
- Details of any attempts to resolve the issues between the parties, including any negotiations or involvement of the police.
- Details of any alternative remedy and whether same has been exhausted.
- Solicitor statement identifying any legal issues, by reference to the Protection from Harassment (Northern Ireland) Order 1997 or otherwise and outlining the ‘course of conduct’ detailing the necessity of proceedings.
- Full details of any previous injunction / harassment proceedings (whether applicant or defendant) and the outcome of same.
Q3. What documentation should I provide with my application?
We will require:
- If seeking to defend, a full copy of the proceedings including the full grounding affidavit of the plaintiff.
- Relevant interparty correspondence.
- Relevant witness statements.
- Any relevant social media posts / supporting documentation.
For guidance on how to upload a document in LAMS, refer to ‘Uploading a document’ in the Instructional Videos.
Q4. What type of certificate will I receive?
Generally, the Agency will limit the certificate to certain steps in proceedings so as to minimise the exposure of the fund in the early stages of the case. Often certificates will be initially be limited to application for an interim injunction only. When a limitation has been exhausted you should follow the amendment request process to seek either a further limitation or a full certificate.
For guidance on how to submit an amendment request in LAMS, refer to Section 19.0 of the LAMS Supplier Manual.
Q5. Is the cost of a process server covered under the certificate without prior authority?
Yes, up to the value of £50 plus VAT plus travel and mileage at the Agency’s usual rates. All expenses should be fully vouched on assessment.