Urgent advice needed re; injunction papers not served on respondent but ordered nonetheless

[Evolving]

A friend has been served with the final judgement order in regards to harassment. Not a non-molestation order. However he was never served the original papers so had no chance to defend himself, however the court order notes that he did not appear.

But as I mentioned above he was never served the original papers. (I have my own theory on this in that I fear that the applicant has informed the judge that they have been served and supplied the person who 'apparently' served them. I think the applicant may have not had a solicitor originally but then used one for the 2nd hearing but only time will tell). The server managed to find him to deliver the final judgement so why would a legit server fail to serve or incorrectly serve the initial papers?

There is no power of arrest which I must say the applicant will be mighty displeased about as they have attempted to have a number of people arrested by making false allegations which the police havedisregarded.

The order also states that he is to pay the applicants costs.

He is seeing a solicitor on Monday

Any ideas what he can do? Many thanks in advance!

His solicitor will advise him on Monday, but in essence he can apply to set aside the final injunction, although in all likelihood an interim injunction will remain in place until the case is concluded (whether by compromise or final court order).

From memory injunction applications do have to be personally served on the defendant, so either your friend is not telling the truth when he says he was not served with the papers, or whoever submitted a Certificate of Service to Court confirming the papers were personally served is lying (never served) or is mistaken (served wrong person etc.)

There is scope to get a 'without notice' injunction against a defendant, but the court will always schedule a return hearing for the defendant to attend to indicate if they accept/defend the proceedings. Is there a court date on the papers, as the court may have simply made an interim injunction but printed it on a final injunction pro-forma?

yes the court date was 3 days ago, this was definitely the return hearing as it is all over the applicants facebook stating that the respondent didn't turn up and the applicant knew it would go their way, oh and that her 'partner in crime' went with her!

There is no way he was served them, he spends a lot of time working out of the city, I believe him on this as he would have fought it every inch as it is in fact the applicant who is harassing a number of people (you couldn't make what is going on up, it is surreal!)

thank you

The statement of service will say when and where he was served. If he can prove he was elsewhere I'm sure the judge will want to investigate.