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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4033
Experience:  Solicitor
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I am the claimant in a UK court case whereby I have been

Resolved Question:

I am the claimant in a UK court case whereby I have been given a general form of undertaking by the Defendant whom I took to court as he put up 4 CCTV cameras filming my property. The undertaking is to remove any camera coverage of our property.This undertaking lasts until 19th December, 2016, but what happens then ? Is he legally bound not to film my property ever again ? If so, what is point of such a short timescale ?
Submitted: 9 months ago.
Category: Property Law
Expert:  Jamie-Law replied 9 months ago.

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

Just to be clear he only undertakes NOT to do it until 19/12/16?

Has it happened during this period?

Customer: replied 9 months ago.
Can you see the General form of undertaking ? This is when his coverage must come of our property as agreed by our respective CCTV experts. I thought the undertaking was ongoing....
Expert:  Jamie-Law replied 9 months ago.

No I cant. Try attaching again, but it may be the morning when I reply

Customer: replied 9 months ago.
I have already attached it - I can see it as PDF file.
Attaching it again BUT I really need answer now please as attached. (Twice)
Expert:  Jamie-Law replied 9 months ago.

Yes it expires 16/12/16.
Technically he could film again, but if he did you could get an injunction which can last for longer, or until further order.

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
Ok thanks for that but I require this clarification.
As we have already taken him to court & now received an undertaking, what view would the court take if he is found to be filming again ?
Expert:  Jamie-Law replied 9 months ago.

As I have indicated, the Court would be likely to grant an injunction for a longer period of time or until further order.

Does that clarify?

Customer: replied 9 months ago.
Or what about fining him or sending him to prison if he persists ?......please clarify that could be the case as he has done it before. Very important so please be very specific and then I am done.
Expert:  Jamie-Law replied 9 months ago.

It would only be fined or sent to prison in breach of a Court order. If the undertaking expires he is not in breach.

Therefore if he films again whilst not under a Court order he wont be fined or sent to prison,

It is only where there is a live undertaking or injunction when breached would that be contempt of Court where he could be fined or sent to prison

Does that clarify?

Customer: replied 9 months ago.
thanks
Expert:  Jamie-Law replied 9 months ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 9 months ago.
ok will do.....5 stars
Expert:  Jamie-Law replied 9 months ago.

Thanks

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