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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We live opposite a Comprehensive school with 1800 pupils Because

Resolved Question:

We live opposite a Comprehensive school with 1800 pupils
Because of parents depositing and collecting children outside our property -upwards of 80 vehicles each time we are unable to have access or entry to our property
As there are two main enterances to the school and a public footpath as the access opposite our property i wish to have this access closed.
This would stiill allow the 14 coaches access and the 5 taxis each day to the gates next to the footpath.
Can i instigate an injunction against the Council to stop the present fiasco!!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

You are entitled to apply to the court for an injunction.

Alex Watts :

What will happen is you need to complete forms 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 court will list the matter for a hearing and decide whether the matter is being fought by the Council, no doubt it will be

Alex Watts :

The court will then decide whether to grant an interim injunction pending a full investigation.

Alex Watts :

However if the Court grants an interim injunction and it turns out you lose the case, you would be liable to compensate the Council.

Alex Watts :

You will also need representation for the hearing and dealing with the matter for trial.

Alex Watts :

You can do this yourself or seek a Solicitor to do this. You will have to pay the costs as legal aid is not available for this.

Alex Watts :

However if you do lose then not only would you be responsible for your own legal costs, but those of the other side.

Alex Watts :

So yes, there is nothing stopping you applying for an injunction

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you very much. I will now gather all the relevant info/photographs etc and contact a Solicitor with the file.

Alex Watts :

Great. Can I help with anything else today?

Ash and other Law Specialists are ready to help you