Developer intends doing works over our parking spaces. Can we injunct him?

[kingproblem]

Hi All,

I am new to posting on the forum. I have found lots of useful information over the years and was hoping someone could give me some information on the above. I have tried google but could not find much.

We have a situation where the developer in our development is intending to complete works which will remove some of our proprty (Parking spaces), he has a court order to complete theses works but will not guarantee to move our parking spaces - which we would be ok with.

I was just wondering if anyone could give me an idea on how long it takes to get an injunction to stop the works until he agrees to transfer our parking and the estimated costs involved - I know its not an easy question.

Also, if we were successful with an injunction would the other party have to pay our costs or would we have to pay our own (after being successful).

The evidence we have is that we have our original lease which identifies the space involved - its the same area the developer has to complete the work on - he probably should not have sold it/right to use it in the first place.

Sorry for the long post.

Thanks in advance

 

[Vanilla]

You could probably get an injunction on Tuesday if you had the right case, an interim injunction pending a full hearing, that is. And if you had the right case your costs would be awarded against the developer.

But if you do not have a good case you could be at risk of yours and the developers costs.

Between the two there are many shades of grey.

Btw, an application for an injunction is not the correct procedure where damages or an alternative remedy will rectify the situation.

 

[nuac]

Seeking an injunction is a major job of work. Needs a lot of preparation by experienced professionals. You may never get your costs. Even if successful you may be required to give an undertaking as to damages i.e if you do succeed in getting an interim injunction and hold up the development, but if on a full hearing it is decided you were not entitled to to the interim injunction, you would have to pay the developers damages for the holdup.

Because of that and other serious issues you should first talk to the solicitor who acted for you in the transaction.

I have over the years often worked through a weekend preparing an injnunction application, but midnight or weekend oil is extremely expensive. Most solicitors require the client to provide for much of the costs up-front rather than waiting to get costs orders from the other side.