Injunction

A court order requiring a party to cease a specified action or activity.

An injunction might be used to stop a neighbour’s building works if they have not complied with the Party Wall etc. Act 1996 or if they are building in such a way as to infringe the applicant’s rights of light. In urgent situations an injunction can be obtained at very short notice by making an application to the relevant court. These are called interim injunctions and usually lead to further court proceedings to decide the subject matter of the underlying dispute.

An injunction can also require a party to take certain action, for example an order to remove a structure that has been built in breach of a neighbour’s rights of light or in breach of the Party Wall etc Act 1996.  This is called a mandatory injunction.

Breaching an injunction is a very serious matter and can lead to criminal sanctions.

If an injunction application is required you should consult an experienced party wall solicitor or rights of light solicitor to ensure that you receive the correct advice for your own personal circumstances. Child & Child have a number of specialist solicitors who are able to assist in this highly specialised area.

Party Walls, Rights of Light & Boundaries