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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can you help me with a problem I am having at the moment concerning

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Can you help me with a problem I am having at the moment concerning a case I am trying to file with the Magistrates Court. The situation is I am trying to take proceedings against the serviant owner for obstruction to my right of way, to which I have the necessary easement in the title deeds of my property. I have put a complete file together, documenting everything with proof etc but the difficulty arises when I try to submit this claim to the Court. The first time I submitted a private nuisance under section 82 of the EPA 1990. The court reverted this definition in the statute does not appear and could not accept the claim. I reapplied quoting S79 (1)(h) i.e. any other matter declared by any enactment to be a statutory nuisance. The response is this is still insufficient information. I was wondering if there was any way you could help me define the application heading I need to make to have my proposal accepted. Thank you
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you.Is there any reason why you are doing this in the Magistrates Court rather than County Court?Alex
Customer: replied 8 months ago.
To save time and money
Expert:  Ash replied 8 months ago.
To do with obstructing a right of way, this would be a County Court matter. It would only if there was a statutory nuisance and you were seeking an abatement order would this usually be in the Magistrates Court.You dont have that - what you need is an injunction making the owner allow access. You can get an injunction within 24 hours if you wanted to.You would need to complete forms N1:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdfAnd N16a:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdfThe Court would list the matter for hearing and decide whether to make an order allowing access. If the court does and the owner refuses this could be contempt of Court which the owner could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
What are the costs involved with taking an injunction and proceedings in the County Court? I have read it is supposedly feasible to take this action in a Magisgtrate's Court as a private nuisance is within their remit.
Expert:  Ash replied 8 months ago.
Well no. Thats because a nuisance is:(a)any premises in such a state as to be prejudicial to health or a nuisance;(b)smoke emitted from premises so as to be prejudicial to health or a nuisance;(c)fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;(d)any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;(e)any accumulation or deposit which is prejudicial to health or a nuisance;(f)any animal kept in such a place or manner as to be prejudicial to health or a nuisance;[F3(fa)any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance;][F4(fb)artificial light emitted from premises so as to be prejudicial to health or a nuisance;](g)noise emitted from premises so as to be prejudicial to health or a nuisance;[F5(ga)noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street [F6or in Scotland, road];]Therefore this would be a County Court matter. The cost to issue the claim is £280, but if you win you get that back.Does that clarify?Alex
Customer: replied 8 months ago.
I have all this information but at the end of the list you provided this there is
(h) any other matter declared by any enactment to be a statutory nuisance
Expert:  Ash replied 8 months ago.
But this is a preventing access, that in itself is not prejudicial to health. It is not emmitted or cause by a vehicle, ie smells etc.But County Court is the appropriate forum for this, NOT the Magistrates Court.Does that clarify?Alex
Customer: replied 8 months ago.
OK, do I understand that my paperwork is correct and I can use the County Court. Can you clarify if the £280 includes the cost of the injunction?
Expert:  Ash replied 8 months ago.
Yes that is correct. Does that clarify?Alex
Customer: replied 8 months ago.
OK, I will go ahead using the links you hve provided. Thanks
Expert:  Ash replied 8 months ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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