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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24582
Experience:  Senior Partner at Berkson Wallace
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I wish to find a Solicitor who can help me with taking out

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I wish to find a Solicitor who can help me with taking out an injunction on my neighbour under The Protection from Harassment Act 1997
JA: Where are you? It matters because laws vary by location.
Customer: I live in The London Borough of Waltham Forest.
JA: What steps have you taken so far?
Customer: Contacts involved so far have been Housing Officer, Community Police, Victim Support.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am currently undergoing therapy for anxiety.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Can you give me all the history to this matter in order for me to be able to advise you - thanks

Stuart J and other Law Specialists are ready to help you
Customer: replied 11 days ago.
My neighbour, a large Irish traveller community family, have continually caused me much distress and anxiety over a period of 14-15 years. To put it in a nut shell, normal daily activities become interferences that infringe on my rights to live as peacefully as I can within my home. Members are now entering my space to make enquiries on my neighbours whereabouts when they are out. I have been in contact with the Housing Officer, Community Police and Victim Support over the years and now feel that my situation is becoming increasingly intolerable and worrying. I am a vulnerable 63 year old physically disabled lady of short stature, arising from a condition known as Osteo-Genesis Imperfecta and I live with my husband who is 67, a wheelchair user and has muscular dystrophy. Sorry I will have to hang up as my shopping has arrived. I will try to get back later.
Customer: replied 11 days ago.
It is okay to continue now.

Applying for a prohibitory (preventing) or mandatory (compelling) injunction is relatively straightforward.  Just work it through a bit at a time.

There is a specific court order form N 16 A injunction application form which is here: https://www.gov.uk/government/publications/form-n16a-application-for-injunction-general-form

And you will also need court form N1 which is here

https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

I have no idea why some require the extra N1  form because in my opinion it doesn’t add anything to the process but if they want it, let them have it.  Alternatively you could use N208, which is virtually the same as N1.  The difference is that N1 is part 7 of the Civil Procedure Rules and N208 as part 8 of the civil procedure rules.

If you want to know what the difference between part 7 and part 8 is, join the queue.  Part 7 is appropriate if there are lot of evidential issues but how you decide that, the majority of solicitors don't even know.

So you can use one or the other.

The court fee is GBP308

You are going to need also a witness statement in this format

Please note that the Statement of Truth at the end of a witness statement has changed.  It changed quietly on 6 of April 2020.

Here is the form of witness statement on the government website which at the time of putting the link together, still had the old Statement of Truth.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

Here is the new wording: https://parissmith.co.uk/blog/guidance-signing-statement-of-truth/

it is referred to in box 6 of the N16

if there is some urgency with this you can make an emergency application and the next 48-hour is.  You would need to attach a Certificate of Urgency (a letter headed as such) saying why this is urgent.

Incidentally, it would be a good idea to attach screenshots or documents, and in the witness statement you would say “a copy (or a screenshot) of the XXX is attached marked Exhibit A”.  You then write Exhibit A (and so on and so forth) at the top of the exhibit.

You also need to ask the court to award costs against the other person, in your favour and in that respect you need a timesheet of everything that you have spent timewise and moneywise, including this advice, at GBP19 per hour.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards