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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, Can you please tell me the best and most cost effective

Resolved Question:

Hello,
Can you please tell me the best and most cost effective way to get an
injunction against someone in order to stop them from digging up a drive to which
he has right of way and access but which I own. He is applying for planning permission to
the property he has access to over my drive.
In order for the planning to go through a stipulation is that the drive be turned to tarmac.
I will not allow the drive to be changed but I am worried that this gentleman will do
it anyway and then see how I approach the situation as I do not have large funds to fight him. He is a gypsy/traveller and has large funds at his disposal. He applied two years ago to put caravans on this site and was refused due to the access but is applying again at this present time. Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are you able to do this yourself please?
Customer:

Thank you. I will await your reply.

Alex Watts :

The most cost effective way is to do this yourself.

Alex Watts :

You need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The matter is then issued and you go before a Judge and make your case.

Alex Watts :

A Judge decides if the matter is contested whether to make an interim order and give directions

Alex Watts :

If the application is not opposed then it can be made final

Alex Watts :

But you can do this yourself and just pay the Court fees

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your reply.

Customer:

Yes, I do have a few more questions. Firstly, do I need to inform this gentleman that I am taking out an injunction?

Customer:

Secondly, please explain what 'the matter is then issued' means. Thirdly, when I make 'my case' before the judge are there specific things I can and can't say?

Customer:

Another question. If I get the injunction and this gentleman still persists in laying tarmac what are my rights bearing in mind my limited finances? I fear that this type of person has no respect for the law and basically does as he pleases so what would be the course of action? Thank you.

Customer:

Can you also give me an idea on the costs of 'Court fees'. Thank you again for your help.

Alex Watts : Yes you need to notify him.
Alex Watts : issue means start
Alex Watts : You need to put everything into a statement.
Alex Watts : You would have to apply to court to commit him to prison.
Alex Watts : Fee are here
Alex Watts : http://www.justice.gov.uk/courts/fees
Customer:

Thank you very much for your reply.

Customer:

I'm sorry if I seem a bit ignorant but I want to make sure I understand the procedure. You have been very helpful with your information especially with regards XXXXX XXXXX forms I need to fill in. I have a couple more questions. How long does it take to get the actual injunction once I apply for it? Do you advice me to employ a solicitor at any time to help with this application or do you feel confident that I will be able to do this myself? It seems a relatively straight forward procedure but I know ' the law of unintended consequences' can sometimes rear its ugly head. If you think I will need a solicitor can you tell me where I can go to find one that deals with these particular matters. I live near Worcester. (The gentleman I want the injunction placed upon employs the infamous gypsy solicitor. I think his name isXXXXX good at his job and very ruthless).

Alex Watts :

I would suggest at the hearing to have a Solicitor. If you do and win then yuo can claim costs back

Alex Watts :

Can I clarify anything else?

Customer:

Can you give an idea of how long it takes once the papers are submitted for the case too be heard and is the injunction

Customer:

put in place straight away. The time scale is that the land is going to planning in the middle of May I think. If I submit this paperwork to the court in Worcester on Tuesday what would roughly be the time scale?

Alex Watts :

It will take around 14 days to get a time

Alex Watts :

It really depends on lisitings

Alex Watts :

But generally within 2 weeks for an interim hearing

Alex Watts :

Can I clarify anything else?

Customer:

Thank you so mu ch for your help. I think all my questions have been answered.

Customer:

Have a good day.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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