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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The local gamekeeper has started again to spread game bird

Resolved Question:

The local gamekeeper has started again to spread game bird feed all over the surface of a public road near to my home in an attempt to prevent his game birds from wandering on to the land of a neighbouring farm. The feed on the road attracts not only game birds but also wild birds and this is a nuisance as the birds do not wish to rise and fly. The feed is also attracting vermin to the road and area. Additionally, at times when it is wet, the feed is also slippery to walk on which makes it tedious to pass and repass. The game keeper will sustain his spreading of feed until the end of the shooting season in January. I would be grateful if you could tell me if the gamekeeper's actions amount to possible breaches of the Highways Act and/or the Environmental Protection Act, and if so, what can I do as a private individual to prohibit the gamekeeper's spreading of game bird feed on the public road. Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you complained to the Council please?

Customer:

Yes, but they are not interested (lack of resources).

Alex Watts :

In that case all you can do is take action yourself through the County Court.

Alex Watts :

You should write and ask them to stop within 14 days or say you will issue proceedings.

Alex Watts :

If they refuse then you can issue a Court claim

Alex Watts :

You need to complete form N1

Alex Watts :

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

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial.

Alex Watts :

However given the complexities you will need a Solicitor at least for the final trial

Alex Watts :

I should also warn you that if you lose then you will have to pay the legal costs of the other side as well as your own

Alex Watts :

If you win then you can ask the Court for costs

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Could please clarify which law(s) I am alleging is broken when I apply to the court please.

Alex Watts :

Section 79 of the Environmental Protection Act

Alex Watts :

Section 180 Highways Act 1990

Alex Watts :

Does that help?

Customer:

That's great and thank you.



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