Appeals and Injunctions: Legal disputes can be intricate, especially when they involve construction-related matters. In such cases, parties faced with unfavourable decisions have recourse through the appeal process or by seeking an injunction. In this blog, we’ll explore the essential aspects of appeals and injunctions in British legal proceedings, including the importance of the N161 Form for Appeal.

Appeals – Seeking Fairness in Court Decisions

When you believe a court’s ruling is unjust or incorrect, you have the option to file an appeal using the N161 Form. This comprehensive document outlines the grounds for your appeal and requires an issue fee of £340. Acting promptly is crucial, as the appeal must be submitted within 14 days of service. However, it’s essential to note that an appeal doesn’t halt the enforcement of the Award (notifiable works) during the process.

Injunctions – Halting Unlawful Actions

Separate from appeals, injunctions are court orders that can either stop or require specific actions. Accompanied by a PENAL NOTICE, injunctions can be requested through the N244 Notice. When seeking an injunction, you must provide evidence demonstrating that the opposing party is acting unlawfully, which may include documents, photos, or videos.

Cost Considerations

The costs associated with pursuing appeals and injunctions can vary significantly based on the approach chosen. Engaging solicitors to handle these legal matters typically incurs fees ranging from £10,000 to £15,000. The good news is that if your case is successful, you can often recover two-thirds or more of your court and fee expenses.

Do-It-Yourself (DIY) Option

For a more cost-effective route, some individuals choose to handle appeals and injunctions themselves. Pursuing a DIY approach can cost between £2,000 and £6,000, making it a viable option for those on a budget.

Timeframe and Complexity

The duration and complexity of both the appeal and injunction processes can significantly vary. A review of the Award, which examines the legality of the process, usually takes a single day. However, costs can amount to approximately £15,000 per party, occurring every two to three months.

In contrast, an appeal hearing, or re-hearing can extend up to three days due to the extensive presentation of evidence. This process is both expensive, costing over £50,000 per party, and time-consuming, typically lasting from 12 to 15 months.

Mediation and Staying the Appeal

In certain cases, parties may opt for mediation instead of pursuing an appeal. Seeking a “stay” (a hold) on the appeal process allows the matter to be put on hold pending mediation to find a mutually agreeable resolution.

Conclusion

Navigating appeals and injunctions is essential when dealing with construction-related legal disputes. Whether you choose to pursue an appeal or seek an injunction, remember the significance of the N161 Form for Appeal. Consider the costs, timeframes, and complexities involved and, if necessary, seek legal guidance to ensure a fair and just resolution for your case. Contact us: 0777 3360033