Responding to a Claim Flashcards
A woman has brought proceedings for damages and an injunction against her neighbour in nuisance as a result of the noise created by her neighbour carrying on business as a sound technician from his home. The woman, who also works from home, says that she is prevented from concentrating on her writing work. Proceedings have been served and the time for acknowledging service has expired.
What is the correct step for the woman now to take in the proceedings?
Issue an application notice for default judgment supported by written evidence seeking damages and a prohibitory injunction.
Although it is correct that the woman can obtain default judgment in relation to the damages claim (see CPR 12.4(1)(b)), as she is also seeking an injunction, an application must be made to the court (see CPR 12.4(2)).
