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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can I start Court proceedings for Criminal Harassment under

Customer Question

Can I start Court proceedings for Criminal Harassment under the 1997 act against a next door neighbour who for the last 3years has made our lives a hell. The details being that when he bought his house 8 years ago our dividing hedge was 12ft high. He wanted it removing completely, and I refused as this would have meant that they would look straight into our living room. I contacted the local Council and they said I do not have to cut the hedge down as it was 30 ft from his window, but as a show of good will I reduced it to 2mts. This did not stop the threats, and in fact when I was in Hospital last year he threatened my wife. So on my arrival home I went to see him but he refused to see me.
The other problem is that he ownes a small strip of land opposite me which he has now filled up with rubbish just to upset us even further. All this has been reported to the police and they say ring them as soon as he threatens us again, but now I think I should take action against him if you feel it would be successful.
Thanks XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

 


Hi XXXXX


What action can I take against this man to stop the Harassment from continuing?

Expert:  Jo C. replied 2 years ago.
Have you complained toy the police?

I will responded in the morning if thats ok?
Expert:  Jo C. replied 2 years ago.
Why have they not acted against him?
Customer: replied 2 years ago.

In the most recent incident he started to cut down my trees and I stopped him. He threatened me but I stood my ground and he then shouted he has threatened me to his wife. He went and reported this incident and the Police took statements from us both. They rang me last week to say as I has witnesses to his threatening behavour they would take no further action.
Ther told me he is a "VERY ANTAGONASTIC PERSON" and he was not to cut down any further trees. Since then he has been up to his usual tricks on a further 5 occasions and I have taken photographs of this

Expert:  Jo C. replied 2 years ago.
You mean that since you did not have witnesses?
Customer: replied 2 years ago.


Yes at the time of the last incident only my wife was a witness to his threatening stance. Since then another person has come forward to say she also saw him threaten me

Expert:  Jo C. replied 2 years ago.
Thanks.

You can sue him under the Protection from Harassment Act in the civil courts. Usually the goal is get an injunction rather than money compensation.

In terms of prosecuting him though, you cannot force the police or CPS to bring a prosecution. We don't have prosecution on demand in the UK or, indeed, in most of the world that recognises Anglo Saxon models of law. There are lots of reasons for that. Some complainants are unreasonable.

You can take out a private prosecution but that is expensive and you take the risk that CPS will take over the matter and drop it.

If your goal is to get an injunction though then suing in the civil courts is just as good and much cheaper.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thanks, XXXXX XXXXX very helpful.
My only question is if I sue in the Civil Court will I be able to claim for loss of property value, as my estate agent informs me that the value of my house could fall be £30K with this ongoing dispute having to be notified to any proposed purcheser

Expert:  Jo C. replied 2 years ago.
No, you would not be able to claim for that I'm afraid.

Its too remote from the wrongful act.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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