Directions questionnaire HELP!

PasturesNew

I take it that both of you clutching your plans ... and two halves of cider .... at a table in a local quiet pub ... can't solve this one then?

mima

Does the following look right?

Claim No. xxxxxxx

Draft order for directions


Please see the following attachments:

A. Ordinance Survey plan of the area, the relevant properties marked No12 (my property) and xxxxx (defendants property).
B. is the Ordnance Survey plan A but altered by me to indicate the present situation.

C. The defendants Land Registry plan prior to their acquisition of the strip of land at the back of my property.

C. The defendants Land Registry plan following the defendants acquisition of the strip of land at the back of my property.

E. Survey plan of my property, conducted in Oct. 2013.
F. Enlargement of plan E with surveyors annotation as to the disputed area.

These plans clearly show the incursion made by the defendants on to my property without any real justification.

I wish legal direction be given to the defendants to restore my boundaries to their original position.

I also wish to recover the expenses which I have necessarily incurred in the process and which to date amounts to £

G. Please see also a list of my attempts to amicably resolve this dispute.

?????????


Kind regards
Mike

mima

jjlandlord wrote: »

I think that at this stage the relevant CPR is part 26 (case management - Preliminary stage), especially 26.3, which defines the procedure for a directions questionnaire to be served if a defence is filed:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26/pd_part26

I understand that boundary disputes are very often a pain. A solicitor may come in handy.

At the very least OP should invest in a few good books about civil procedure and the fast track, because it seems clear that he does not understand the procedure.

Thanks for the links, very helpful!

mima

jjlandlord wrote: »

I think that at this stage the relevant CPR is part 26 (case management - Preliminary stage), especially 26.3, which defines the procedure for a directions questionnaire to be served if a defence is filed:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26/pd_part26

I understand that boundary disputes are very often a pain. A solicitor may come in handy.

At the very least OP should invest in a few good books about civil procedure and the fast track, because it seems clear that he does not understand the procedure.

Thanks for the links, very helpful!

Emmylou_2

mima wrote: »

Does the following look right?

Claim No. xxxxxxx

Draft order for directions


Please see the following attachments:

A. Ordinance Survey plan of the area, the relevant properties marked No12 (my property) and xxxxx (defendants property).
B. is the Ordnance Survey plan A but altered by me to indicate the present situation.

C. The defendants Land Registry plan prior to their acquisition of the strip of land at the back of my property.

C. The defendants Land Registry plan following the defendants acquisition of the strip of land at the back of my property.

E. Survey plan of my property, conducted in Oct. 2013.
F. Enlargement of plan E with surveyors annotation as to the disputed area.

These plans clearly show the incursion made by the defendants on to my property without any real justification.

I wish legal direction be given to the defendants to restore my boundaries to their original position.

I also wish to recover the expenses which I have necessarily incurred in the process and which to date amounts to £

G. Please see also a list of my attempts to amicably resolve this dispute.

?????????


Kind regards
Mike

That's not "Directions" in the legal sense.

For instance, if this was a personal injury case (the area of law I have most "expertise" in as a legal secretary), directions would be something like:

1. The Claimant to be examined by the Defendant's medical expert by <dateX>

2. The Defendant's medical expert's report to be exchanged* by <dateX-plus-two-weeks>

3. The Claimant's questions to the Defendant's medical expert to be given by <dateX-plus-four-weeks> and responded to by <dateX-plus-six weeks>

4. Witness statements from witnesses of fact to be mutually exchanged** on <dateY>

5. This matter be listed for trial lasting <Q> days no earlier than <dateZ> and no later than <dateY>

*shared, officially, with the other side
**shared, officially, with the other side on the same date

So for a boundary dispute, you'd want to agree (or at least try to) dates you'll exchange the evidence you're relying on (plans etc), witness statements and any expert evidence etc.

mima

Many thanks Emmylou

Have now seen a solicitor, hopefully all sorted.