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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6067
Experience:  Senior Associate Solicitor
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Jim thanks so much. My council is Enfield. I think I would

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Jim thanks so much. My council is Enfield . I think I would be happy to go ahead if the fee is £300 and I’m pretty sure I’ll recover this. Is this something you would able to help?

I will set out the method to apply for an injunction in my next message

First of all (and this is compulsory) send the neighbour a cease and desist letter to warn them of your intentions unless they stop (and give them 7 days to stop their conduct). A template “cease and desist” letter is available at www.lawdepot.co.uk. You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they stop their conduct, and that if they do not within 7 days you will apply to the court for the injunction and seek your costs.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy.

Assuming they continue, you will need to complete the attached N208 claim form (to start proceedings) and the application for an injunction N16a form and send to your county court with a fee of £308 payable to HMCTS.

You will need to prepare a witness statement to accompany the form. A template is attached for you to use.

You will need to detail the issues with the neighbour to paint a picture for the Judge as they will not know what this neighbour has done unless you describe it.

If the injunction application is successful you can ask the court for a costs order to be paid by the neighbour.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction. The application would be made under the tort of trespass and the fact the Neighbouring Land Act 1992 requires your neighbour to obtain permission from yourself to erect scaffold in order to carry out improvement works.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and a prison term.

If you want to draft the application then I can check it before you send it. The cease and desist letter may work so you may not need to apply but if you do, come back here and I will gladly check it for you.

I recommend you go to the court in person with the forms to ensure they are correct - they are fairly complex so it would save time by you doing this - the court staff should check them before they issue the papers.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

JimLawyer and 5 other Law Specialists are ready to help you
Customer: replied 10 days ago.
Thanks again. I will start proceedings on Monday as I’m travelling today, so sorry if I’m slow in replying.

No problem at all. If you would like to come back to me if you have further questions.

Have a good weekend.

Jim