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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Subject - Boundary dispute arising September 2012. Parties

Resolved Question:

Subject - Boundary dispute arising September 2012. Parties unable to agree appointment of joint experts to mark out the boundary. We the Plaintiff are agreeable, Defendant unwilling to instruct his chartered surveyor. Both surveyors have prepared their versions, on scale 1:200 the Defendant unwilling to agree instructions on same technical basis, i.e National grid co-ordinates. How best to seek, if appropriate, application to the court for a directions order and what constitutes a draft order for the court to consider.
My contact details: Peter Bones, T:01929 459401 E:*****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Peter my name is ***** ***** I will help you with this.

Alex Watts :

Have you tried mediation yet please?

Customer:

Hi Alex

Alex Watts :

Hello

Customer:

Hi Alex, let me explain I underwent surgery 3 months ago and had 2 cancerous growths removed. I am now in secondary cancer phase and continuing attendance at hospital.On the boundary problem we are past ADR. On 9th May 2014 the neighbours solicitor was given proposal that parties having engaged experts, both are known and historically appointed by Judges, that joint instructions are prepared (and suggested such instructions) and that those instructions are on the basis that both experts should treat the instruction as being given in accordance with CPR35, such that their duties are deemed to be owed to the court rather than parties, ourselves and neighbour. In the hope that such experts (FRICS) will significantly increase the prospects of settlement. In November 2012 notice was given to the neighbour in writing and written pursuant to annex A to the Practice Direction on Pre-Action Conduct in section C of the Civil Procedure Rules.

Alex Watts :

Yes of course. Have proceedings been issued?

Customer:

Alex, No proceedings have been started. Maybe a directions application to Court? Peter

Alex Watts :

Well Peter I think you may be slightly confused.

Alex Watts :

The Court wont issue directions without a claim

Alex Watts :

This is the Court process:

Customer:

Alex, Help please do not understand. What can you suggest

Alex Watts :

1) A claim is issued

Alex Watts :

2) A defence is filed (if not you get Judgment automatically)

Alex Watts :

3) The matter is 'allocated' by a Judge

Alex Watts :

4) The court at THAT stage gives directions to set the matter down

Alex Watts :

5) There is a final heairng

Alex Watts :

Does that help?

Customer:

Alex, Thank you, ***** ***** is the only next course of action, Peter

Alex Watts :

Yes indeed.

Alex Watts :

Can I clarify anything else for you?

Customer:

Alex, Good to have your opinion and now say goodbye Peter

Alex Watts :

Thank you.

Alex Watts :

If I could invite you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Guess, must now get good solicitor with good skills, any suggestions, Peter

Alex Watts :

You can pick one that deals with boundary disputes:

Alex Watts :

http://solicitors.lawsociety.org.uk/

Customer:

Thanks and goodbye, now will rate as excellent, Peter

Alex Watts :

Thank you Peter, good luck

Ash and other Law Specialists are ready to help you

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