Judicial Review is civil legal aid but the Restraining Order fell automatically as would any other order on conviction. There was no need for judicial input.
Harvey Fox
Police Station Advice Coordinator
FREEMANS SOLICITORS
07973 259382 (24 Hours)
Secure email:
harvey.fox@freemans.cjsm.net
From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
On Behalf Of Mark Troman
Sent: 28 June 2019 13:18
To: Harvey Fox <Harvey.Fox@freemanssolicitors.net>; Joe Mensah-Dankwah <Joemensah@foresterssolicitors.co.uk>; members@mail.lccsa.org.uk
Subject: RE: Funding an Application to set aside a Restraining Order
Yes your Restraining Order must have been made under s5 and not s5A (on acquittal) so if the court does not confirm it is quashed you might need to look at a JR rather than a freestanding app to discharge.
If you are sent down the latter route you might get a Rep Order under the prescribed civil proceedings route CRM 14. The schedule only allows for cases involving s5A Orders which looks like an anomaly, I called up about varying a s5 Order
and they told me it was also part of prescribed proceedings and I was issued with a Rep Order.
Mark Troman
Solicitor and Higher Courts Advocate
Head of Fraud and Business Crime
Powell Spencer & Partners
270 Kilburn High Road
London NW6 2BY
DX 123862 Kilburn 2
Secure Email: mark.troman@psplaw.cjsm.net
Tel: 0207 604 5600
Fax: 0207 328 1221
www.psplaw.co.uk |
Read our blog |
Follow us on Twitter |
Follow us on Facebook |
Find us on LinkedIn
From:
members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
On Behalf Of Harvey Fox
Sent: 28 June 2019 13:13
To: Joe Mensah-Dankwah <Joemensah@foresterssolicitors.co.uk>;
members@mail.lccsa.org.uk
Subject: Funding an Application to set aside a Restraining Order
The Restraining Order must have been on conviction so falls with the conviction being quashed.
Harvey Fox
Police Station Advice Coordinator
FREEMANS SOLICITORS
07973 259382 (24 Hours)
Secure email:
harvey.fox@freemans.cjsm.net
From:
members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
On Behalf Of Joe Mensah-Dankwah
Sent: 28 June 2019 13:11
To: members@mail.lccsa.org.uk
Subject: Funding an Application to set aside a Restraining Order
Does anyone know the answer to this?
We have successfully appealed, in the crown court, a conviction for assault. Ordinarily the sentence falls away, so the crown court said nothing about the sentence. However, in this case, a restraining order was made by the mags. Now,
after the euphoria of victory had waned, the client has come back asking if we could have the restraining order “removed”. My view is that a fresh application to set aside the RO needs to be made to the mags ct. I have asked the LAA whether we can use the
same Rep Order (assuming no change in circs) and claim a separate fee. They have not been able to give an answer, but instead answered one about appeals which I did not ask. My view is that given that the granting of a RO follows the civil standard of proof,
we cannot apply for and use a criminal Rep Order for this. I have seen one view online which suggests that one can in some cases.
What do you say, folks?
Regards,
Joe Mensah-Dankwah
Foresters Solicitors Limited
155 Hoe Street
Walthamstow
London E17 3AL
T: 020 8521 5999
F: 020 8521 5996
DX: 32016 Walthamstow
Foresters Solicitors Limited is registered in England and Wales, with registered office at 155 Hoe Street London E17 3AL. Company Number 6650930. Directors: Joe Mensah-Dankwah, Alan Hardy Boulton,
John Yiannourides. This firm is authorised and regulated by the Solicitors Regulation Authority.
This email is confidential and may be privileged. It is for the use of the named recipients only. If you have received it in error, please notify us immediately and delete it from your computer
system. Please do not copy or disclose its contents to any person or body.
Foresters Solicitors Limited is registered in England and Wales, with registered office at 155 Hoe Street London E17 3AL. Company Number 6650930. Directors:
Joe Mensah-Dankwah, Alan Hardy Boulton, John Yiannourides. This firm is authorised and regulated by the Solicitors Regulation Authority.
This email is confidential and may be privileged. It is for the use of the named recipients only. If you have received it in error, please notify us immediately and delete it from your computer system. Please do not copy or disclose its contents to any person
or body.
Foresters_Email_Disclaimer_201607
To unsubscribe from the LCCSA Members eGroup click
here.
To take a break from receiving emails from the LCCSA Members eGroup click
here.
To resume receiving emails from the LCCSA Members eGroup click
here.
22 Upper Woburn Place, London WC1H 0HW DX - 40007 Euston Tel: 020 7935 3522 Fax: 020 7535 1335
www.freemanssolicitors.net
Westminster Office by appointment: 2nd Floor, 218 Strand, London WC2R 1AT
Watford Office by appointment: Iveco House, Station Road, Watford Junction, Herts WD17 1ET
Service by e-mail is not accepted
Freemans Solicitors are authorised and regulated by the Solicitors Regulation Authority. SRA number 173314, details can be found at
www.sra.org.uk The Solicitors Regulation Authority's rules can be found at
www.rules.sra.org.uk
Disclaimer
This e-mail is confidential and intended for the person or organisation to whom it is addressed. It may contain privileged and confidential information and if you are not the intended recipient, you must not copy,
distribute or disclose to any other person or take any action in reliance on it. If you receive this e-mail in error, please notify the sender immediately and delete it from your system.
Although we have taken steps to check our computer system for viruses we cannot guarantee that all our transmissions are virus free and you must satisfy yourselves as to their integrity. We accept no liability for
any loss suffered by virus infection of any email or attachment.
The increasing risk of fraud – please stay vigilant.
If you receive an email purporting to be from a member of this firm asking for funds to be sent to a bank account, you
must, as a security measure, contact the solicitor with whom you are dealing, on the telephone to verify the bank account details
before sending any funds.
Our client account details do not change. If you have received an email asking you to send funds to a different bank account to one that we may have given you previously, it is likely that the email could be from another person who has hacked in to your email
account and is trying to commit a crime by defrauding you of your money. In that situation please contact us as above immediately.
Please always be vigilant.
To unsubscribe from the LCCSA Members eGroup click
here.
To take a break from receiving emails from the LCCSA Members eGroup click
here.
To resume receiving emails from the LCCSA Members eGroup click
here.
Powell Spencer & Partners is authorised and regulated by the Solicitors' Regulation Authority. No: 57736
This e-mail is confidential and may also be legally privileged. Please do not copy it or use it for any purposes or disclose its contents or attachments to any other person without express permission from Powell Spencer & Partners. To do so could be a breach
of confidentiality. Our data protection and privacy policies can be found on our website at
www.psplaw.co.uk
If you have received this e-mail in error you are on notice of its status. Please inform us immediately by telephone on 0207 604 5600 or by reply e-mail and then delete this message from your system.
BEWARE OF FRAUD: If you receive an unusual request to pay money to Powell Spencer & Partners, please check with us that it is genuine. Our bank details will not change and we will never include a payment link in an email.
Thank you for your co-operation.
To unsubscribe from the LCCSA Members eGroup click
here.
To take a break from receiving emails from the LCCSA Members eGroup click
here.
To resume receiving emails from the LCCSA Members eGroup click
here.