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.