Margate litigator Matt Champ and Ben Leb, of Stour Chambers, have enjoyed further success in the High Court Interim Applications list before Mr Justice Trowers.

Matt was instructed in relation to his client’s neighbour commencing building works which, allegedly, trespassed onto Matt’s client’s land, caused a nuisance to Matt’s client and the respondent had also allegedly caused substantial harassment to Matt’s client and his wife over a seven month period.

When Matt wrote to the neighbour to ask him to cease, he was met with a laugh and ‘take me to court, the judge will laugh it out’ along with physical threats against Matt’s person. As a result, Matt issued a claim at Canterbury County Court (“Canterbury”) on his client’s behalf and applied for an interim injunction to prevent the trespass and harassment from continuing pending the final resolution of the matter.

Unfortunately, despite being informed of the urgency of the matter, Canterbury stood the matter down the working day before it was due to be heard. Threatened with having to remain unprotected until a hearing could be relisted, which was unlikely to be for some time, Matt advised his client that the application be transferred to the High Court so that an urgent hearing could be undertaken in the Interim Applications Court to provide the immediate protection required.

That application was heard by Bacon J and was adjourned so that submissions could be made as to the basis on which the matter could be transferred in such a fashion, Her Ladyship unsure as to the legal position.

The respondent, in the meantime, instructed solicitors to represent him. Matt and Ben were able to persuade the solicitors of the court’s powers to transfer and, in the circumstances, that the respondent should agree to provide undertakings (formal promises, the breach of which can be contempt of court and result in imprisonment) to prevent the respondent from harassing Matt’s client until the matter could be determined at a contested hearing in the usual way in Canterbury.

The respondent’s solicitors agreed to Matt’s proposal at the door of court and, as a result, a consent order was submitted which fully protected Matt’s client in a more than satisfactory manner until the court considers the matter in full in due course. 

Mr Justice Trowers stated upon being informed of the agreement that Matt and Ben had negotiated and obtained:

I have to say, I think the proposed suggestion is very sensible and practical and, on that basis, I am prepared to make an order on that basis.

What the client said upon being informed of the result:

I want thank you and your team for services rendered to date. Thank you very very much, we now feel more confident of having a positive outcome.

What Matt said:

I am here to obtain my client’s wishes and I will do that to my fullest ability regardless of what pressure is placed upon myself or my colleagues. That’s why people rely on us and we will not be swayed.

I am pleased that I was able to play a part in providing some peace of mind for my client whilst we litigate this matter.

Matt has, once again, shown why he has a reputation for obtaining urgent injunctive relief.