Injunctive relief and injunctions:
First of all, such an action must be seriously considered as the courts are not too keen on dealing with trespass issues – it is viewed as petty in most instances. The court will often show its disdain by not awarding any legal costs to the applicant, leaving the applicant out of pocket to the tune of their legal fees, and the trespasser down only nominal damages – pounds and pence.
It is therefore imperative to ensure the case for seeking an injunction is based upon sound legal reasoning. We would suggest you perform a sanity test of your proposed court action, ensuring minimal capital risk while maximising the validity of a claim. A sanity test on such a trespass should be sought from a suitably qualified barrister who will inform you of your chances of success in applying for an injunction and the costs in doing so. In most cases the barrister will also be able to draft the claim forms and if necessary, represent your interests in court.
While we can provide you with a barrister to represent you in a Trespass matter, in most instances this is an unnecessary cost once the advice of the barrister has been received.
To find out about seeking injunctive relief or if an injunction is the right course of action, call Direct legal Services Today on 01159 517 545