Amanprit Kaur Secures CPR 70.2A Order to Enforce Boundary Injunction

Amanprit Kaur was recently successful in making an application under CPR 70.2A for the enforcement of various injunction orders made against disobedient parties in a boundary dispute context.

Following a 4-day trial, the Claimants were successful in a boundary dispute against their neighbouring Defendants. The Judgment Order contained injunctions against the Defendants including removal of parts of the Defendant’s fence and tree stumps that encroached onto the Claimant’s land. The Defendants did not comply with the Injunction Order within the relevant period.

Amanprit advised on and was instructed at the hearing to enforce the Injunction Order against the Defendants under CPR 70.2A. On behalf of the Claimants, she sought permission to allow the Claimants to carry out the acts ordered by the Injunction Order and recuperate the costs from the Defendants. This was especially important as the Defendants had sold their home subject to contract; time was of the essence since the Injunction Order did not bind the future owners.

The application was successful proving the court’s willingness to grant such orders and provides an alternate route to a contempt application.