North London Solicitors

Litigation

Noise pollution

The most common causes of noise pollution come from local businesses, traffic noise or from neighbours. Reasonable amounts of noise are expected to be generate from these sources but if the noise is continuous or unbearable you may be able to apply for a ‘noise insulation grant’.

What should my first steps be when dealing with noise pollution offenders?

As your neighbours, a neighbouring business or local council may not be aware of the stress the noise is causing you your first step for action should be to discuss the problem personally with the person you consider to be responsible for the noise making. If you are unable to do this for whatever reason you should instead write a letter or email outlining the cause of the noise and suggested steps to mitigate it.

I am having problems with a neighbour’s hedge

Determining the boundaries between one neighbour’s garden and another’s is not always clear. Your first step towards resolving the issue should be to consult your neighbour personally or to write an email or letter outlining your cause for concern.

It is advisable not to trim or mutilate the hedge in any way before seeking professional advice.

If you are unable to reach an agreement with your neighbour it may be necessary to seek guidance from an independent mediator who will work towards finding a mutually beneficial solution.

If a mediator does not assist you, you may want to ask the local council for assistance.

How should I deal with a neighbour’s Overhanging trees ?

Overhanging trees which encroach onto your line are considered as trespass. You should request that your neighbour cut the overhanging branches. If he does not then you can do this yourself up to the boundary line.

You should research whether the tree is protected by a preservation order before doing so.

The Court has recently declared me bankrupt after a successful bankruptcy petition was initiated by one of my creditors. The petition succeeded despite my owning  £100,000 worth of equity in property which could have been used to pay creditors whom I owe a aggregate sum of £65,000. How is this possible?

In order to understand why the bank consider you insolvent is to research how they reached their decision.

Before declaring you insolvent the court is likely to have sent a Statutory Demand which, if not paid, would have been used as evidence against you in demonstrating that you can pay off debts when due. This increased the likelihood of the petition succeeding since the legal definition of insolvency is not being able to pay debts when due without having regard to a positive number being reached when assets are deducted from liabilities.

It may be possible to cancel the Bankruptcy order. It is necessary to take legal advice to be able to examine the facts more closely. This will ultimately save you a lot of money.

My Holiday plans were significantly altered by my Tour Operator after booking. Is this permissible by law?

Small changes considered to be small will not lead to payouts of compensation by the Association of British Travel Agents, but you may want to consult the Tour Operator’s individual conditions of the booking.

If as you’ve suggested, the change is a major one, you should consult your Tour Operator as soon as you can. Significant changes are defined as changing flight times or changing your resort location.

You are likely to be able to get a full refund and compensation. If the change involves additional expenditure such as extra booking fees for a hotel then you have the right to requested compensation.