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Landowner Failing To Maintain Trees/Right To Light?

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  • #16
    A lighting consultant, LOL (Lights Out Loud), do they even exist? I am good friends with a qualified building surveyor, might that be adequate?
    If it went to court and the landowner lost, am I correct to assume he would be liable not only for the costs of fees paid, but our time attending, and the lighting consultants report as well?

    I cannot establish the cost of the injunction as I don't see anything listed on the gov site that seems relevant. Please help.

    Thanks

    Comment


    • #17
      Using the courts should be a last resort to resolve a dispute as the courts expect you to give your opponent a chance to resolve issues. A detailed letter of claim will be needed, setting out what has happened, the law involved, and the remedy that is needed to prevent court action.

      The fee for submitting the N16A with a statement of claim is £255 (I think.if it hasn't gone up again!) However if your friend qualifies he can apply for a fee remission if he claims Income Support, State Pension, Jobseeker's Allowance etc. or if the cost of the claim puts an undue strain on his finances. (Fee Remission form EX160)

      If your friend has Legal Expenses Insurance with his household policy he might be able to use that route to obtain legal help.

      Lighting consultant...google it!

      Re costs:the general rule is that the loser pays the winner’s costs, but the court has flexibility.

      Comment

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