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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9864
Experience:  I have been practising for 30 years.
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Jo C, I am trying to complete the N16a in connection with a

Resolved Question:

Jo C, I am trying to complete the N16a in connection with a Party Wall issue, but I am unsure how to fill in the following sections:
1) The three boxes at the top of the form; "by appointment in pending proceedings", "under statutory provision ..." and "this application is made under Part 8 of the Civil Procedure Rules"
2) "The Defendant xxxx be forbidden (whether by himself, etc)", and,
3) "And that ..."
Also, if there is more than one address for the Defendant, do I put all of these down on the form?
Are you able to advise.
Regards,
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

As this is to do with a party wall, it is more of my area.

Could you explain the reason behind the injunction application please? Fine detail would be appreciated. Thank you

Customer: replied 1 year ago.
I attach my proposed written evidence to accompany the application - this has all the relevant detail.Regards
Expert:  F E Smith replied 1 year ago.

Please allow me to make a few comments with regard to witness statement. It will make it easier for the judge to follow.

Doublespace the whole document number each paragraph. Make the paragraphs very short. Just split them into sentences. It makes it easy to refer to particular parts of the document. It also makes it easier for the judge to read.

You need to confirm in the witness statement that you have given notice to the adjoining owner of your intention to apply for an injunction and costs if the work did not stop they did not serve notice. You need to attach that notice to the neighbour, to the witness statement and refer to it in the statement and mark it Exhibit 1.

Some judges want N16 a to be submitted along with form N 1. Ring the court office and ask.

You must give notice to the neighbour in writing that if they don’t serve the correct notice and deal with all the Party Act matters, you will make an application to court for an injunction to prevent them proceeding until the matter is resolved and he will ask the court to award costs against them in your favour. If you don’t want them in that respect, you could well get costs awarded against you, not in favour.

1 The Party Will Act contains no enforcement procedures for failing to serve notice although you are aware, you can seek to stop the work by way of injunction. Therefore, it is not under the statutory provision BUT I would tick both boxes, Statutory provision and simply put Party Wall Act in the space and also tick part 8.

2 this is the wording of the you are applying for in box 3, “immediately cease and desist the works currently being carried out and including any further works (the Works) on the property known as XYZ pending the Defendant’s serving on the Claimant a valid Party Act Notice under the 1996 Party Act (the Act) and the mutual agreement of an agreement award under the provisions of the Act.

4 “in carrying out any of the Works mentioned herein”

5 and that

“ the Defendant do pay the Claimant’s costs of the application in the sum of £X”

You need to calculate those costs at £18 per hour for the time that you’ve spent including this advice.

There is not enough space on the form to put this so in the box on the firm, but “please see attached”.

Can I clarify anything for you?

Please not forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes

FES

Customer: replied 1 year ago.
FES, Thanks, ***** ***** very helpful. Just on the point of notifying the developers of my intention to apply for an injunction and request costs, how much time should I give them to respond. My concern is that the party wall works that are contained within the Party Wall Notice that was served, (but hasn't been subject to survey and no award yet made), are nearly finished and I understand that once they are complete there is little I can do under the Act. Can you clarify this?
Thanks, Nick
Expert:  F E Smith replied 1 year ago.

That is correct. One of the problems you face in court is the delay in bringing the action because of the works I nearly finished, the court is going to ask what you want to achieve by stopping the work pending the relevant notice and agreement. Because you have delayed, the other side may argue that its prejudice their position and you shouldn’t get the injunction. This injunction should have been applied for as soon as they put the shovel in the ground.

My suggestion would be to give them 48 hrs.

One thing would you have considered is the urgency of this.

By the time this got to court, the work will be finished! Therefore, you will need to attach a Certificate of Urgency to the application (a letter!) Explaining exactly why this should be dealt with on an urgent basis asking for it to be put in front of the judge on an emergency basis.

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