How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

Hi, Our local district council (New Forest) are having some

Resolved Question:

Hi,

Our local district council (New Forest) are having some flats built at the bottom of our garden. (obviously on their land).

Now, we opposed the application the first time and won, then they re-applied having changed the design. They got that through but have not addressed our long standing arguement that we have a right of access to the rear.

Our local councillor has gone on record in the council chambers and said that even when he used to play in the garage area, which is the site for development. He remembered there being gates on the bottom fences.

We have maintained the access and use it contstantly.

Is there an order that I can apply to the court for to get the work stopped until this access is sorted out. The chap at NFDC, Stuart Yeo, is now ignoring my correspondence over the matter and is ploughing on with the works.

Many thanks

Andy Dickenson
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name is ***** ***** I can assist with this.

tdlawyer :

Yes, there is an order you can get from the Court in this type of case and it's called an "interim injunction".

Customer:

Hi

Customer:

ok, is it something me as an individual can apply for?

tdlawyer :

This is where the Court orders the defendant to stop doing works until the main issue is resolved. In this case, that's the potential interference with your right of access etc.

tdlawyer :

You can do it as an individual, but I would never encourage that.

tdlawyer :

It's not something lay people tend to do without lawyers.

tdlawyer :

It can be complicated and is not like suing for a sum of money.

Customer:

ok, is this something that is going to cost me a fortune to get in place?

Customer:

i realise thats a difficult question to answer

tdlawyer :

Interim injunction tend to cost (by themselves) something around £10k or so, possibly more, but it does depend on your lawyer. They should give you full information about their likely costs (everybody charges a little differently).

tdlawyer :

If you lose, you would be at risk of being ordered to pay their costs too.

tdlawyer :

This is one reason you should take professional advice on this and see what the prospects are of you succeeding.

tdlawyer :

Interim injunctions are not always that difficlt in themselves to obtain, but you then potentially have to go to court after that to justify obtaining them. In practice, most cases resolve at this stage, but it's never always that easy and sometimes, they do not just resolve.

Customer:

hmmm, ok, well thank you very much for your help. 10k is a lot too much really.

Customer:

ah

Customer:

so i could apply to get it and show perhaps, that i mean business

Customer:

that may make the council act

tdlawyer :

Speak to some solicitors firms, because it might be that you can get this done on a no win no fee agreement.

tdlawyer :

It's worth asking around.

Customer:

ok, well thank you very much for your help

tdlawyer :

You're welcome. Can I ask whether you're happy with the service this morning please?

Customer:

definately.

tdlawyer and other Law Specialists are ready to help you

Related Law Questions