Discharging rainwater

[horleyox]

I didn't get a sensible response. Just the tactics and lies of a low-life litigator. Deny everything, change argument when asked for copies of supporting evidence of assertions and downright lies. I despair.

horleyox

[des8]

Presumably they have stated they will not "install a permanent solution to their drainage problem" as you requested.

Remind them, regarding your request for evidence, that you can, if necessary, apply to court under Civil Procedure Rule (CPR) 31.16 for pre-action disclosure.

[horleyox]

Only after offering them some form of ADR first and their solicitor now seems keen on formal mediation despite denying my claim outright, so he must think they are in a position of strength. I count at least 17 false statements in his latest letter, either put forward by him or relayed to him by his clients. He/they have no integrity whatsover.


horleyox
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[des8]

Their solicitor may also realise they are on a losing wicket if it reached court so is pushing for mediation hoping that you will give ground!
Don't forget that regardless of his personal opinion he is working for your neighbours, and will do his best for them

[horleyox]

Since my last post things have gone from bad to worse. The litigator's letter keep coming (6 this month alone so far) denying everything and demanding with threats that I remove some screening they don't like. Since February I have:

- engaged the Property Dispute Resolution partner at a local firm of solicitors (useless but she does get more respectful letters than I do);
- have paid a specialist surveyor to carry out a survey on my neighbour's' behalf to assess damage and come up with a permanent solution to their water discharging ( which he has done and they choose to ignore)
- re- submitted my claim to include further expenses incurred and cost of damage done (£13k in all)
- offered formal mediation and provisionally booked and offered a few dates.

The 14-day deadline for a response to my revised claim was up today. I have received nothing. The neighbour - who was meant to be investigating the surveyor's proposals - has been in touch with him, having asked for lots of advice (for free), only to say not to now bother.

So I seem to be at the point of either:

1) Issuing Court proceedings and/or
2) Taking direct action by carrying out the remedial repairs required to my property in such a way that they will end up with a small swimming pool on their flat roof from their rain and surface water.

That brings us to our boundary(which they obviously dispute too). I've been in touch with HM Land Registry, commissioned a measured survey and offered arbitration via the RICS to determine exactly where it is. They choose to ignore this too, claiming a legal right to prescription over about 45cm of my land without providing evidence while the litigator admitted early on there had been previous disputes over the boundary (no evidence of resolution forthcoming).

what does one do when a defendant simply won't engage or entertain a legitimate dispute and claim?

horleyox

[des8]

I would not chose option 2) as being a bit risky!
That leaves option 1.........

[horleyox]

Hello,
I have now received a total of 54 letters from the defendant's solicitors, but not a letter of response to my claim or a reply to my offer of formal mediation or any offer to remedy the original problem. I have today therefore send a letter before action.

My solicitor thinks they have a legal expenses policy and the solicitor is simply milking it for all it is worth. Can anything be done about this? I have obviously asked if they are dependent on such a policy but of course did not receive a reply. Do such policies cover the cost of claims and damages too, or just legal expenses? And how far do they go along the legal process - to pay for barristers, an advice, etc?

Any experience or inside knowledge would be appreciated.

horleyox

[des8]

There is little you can do if the other solicitor is taking his client and paymaster for a ride.
The legal expenses policy will not cover any damages your neighbour might be ordered to pay, although the legal liability section of his household policy (if there is one) might indemnify him.
Is his solicitor based locally to you? If not it is an indication (and only an indication) that he has been appointed by the insurers from their panel

[Peridot]

Legal Expense Insurance doesn't just pay out regardless in respect of any legal fees incurred. The solicitor before issuing or defending proceedings will have certain obligations upon it to not unnecessarily incur costs particularly if the insurer could potentially have to pay out on the policy. The solicitor would more than likely have to provide a report to the insurers confirming their view on the likely percentage chance of success of a particular claim once proceedings have been issued.

It may also be that the neighbour is happy to just throw money at this, irrelevant of what the solicitor is advising them on the likely prospects of success. This may be bully tactics to try and get a settlement, knowing their chances in Court are not fantastic (or the alternate view of course) The Courts expect negotiation and other forms of settlement to be attempted. The Courts do not look favourably on those who refuse alternative dispute options (on both sides).

This doesn't of course explain your neighbours behaviour but may provide a bit more of an overview.

I would also concur with Des8's opinion at post #51 with regard not pursuing option 2.

[horleyox]

Thanks,
i also made some phone calls this morning. The solicitor is my neighbour's own choice and not from a panel. Usually they have to use a panel solicitor until proceedings are issued, and then they get to choose, but they have between themselves managed to negotiate with the underwriter to use their own solicitor, who is local and based out of some very dingy offices (that I visited this morning with a 'by hand' LBA). Knowing my neighbour's, they will not have spent a penny, never mind throwing money at it.

horleyox

[horleyox]

[I would also concur with Des8's opinion at post #51 with regard not pursuing option 2.[/QUOTE]

May I ask why? £600 to re-felt my roof and kerb it within our HM Land Registry recorded boundary is much more appealing that getting involved in court proceedings likely to cost £50-60k with the likelihood of recovery of only a fraction of costs.

horleyox

[des8]

'cos if you carry out the remedial repairs required to [your] property in such a waythat they will end up with a small swimming pool on their flat roof from their rain and surface water, you might well be accused of deliberately causing damage to their property and could even face charges of causing criminal damage.

If you carry out remedial repairs you should do so in a manner which does not cause damage to any third party.

Where does that estimate of costs come from? your solicitor?

[horleyox]

But I paid an expert for a survey (because they would't) that provided a solution for their discharging problem and shared this with them 3-4 months ago. They have done nothing about it and their solicitor subsequently said to mine that surely it would be ok for discharging onto my property to carry on at 'historic' levels. The same survey says I need to re-felt the roof because of premature deterioration caused by their discharging, and under current building regs, it would need insulation, thereby creating a splash back if the neighbours chose to do nothing.

That is my solicitor's estimate of costs if it goes to court, with the likelihood of only being reimbursed a small fraction of it even if I win my case, given usual practice on each party being left to pay their their own costs in neighbour disputes.

horleyox

[des8]

Do you have Legal Expenses insurance with your household insurance policy?

Court costs in neighbour disputes can escalate out of control (Court vs Van Dijk & Anor .... Exceptional perhaps) but as you have issued a LBA presumably you are prepared to go to court.
Do you intend to conduct your own case/

Is it not possible to carry out remedial works without impinging negatively on your neighbour?
Have you discussed with your solicitor the advisability of carrying out the remedial works?

[horleyox]

In answer to your points:

Do you have Legal Expenses insurance with your household insurance policy?

No

Court costs in neighbour disputes can escalate out of control (Court vs Van Dijk & Anor .... Exceptional perhaps) but as you have issued a LBA presumably you are prepared to go to court.

Yes

Do you intend to conduct your own case/

Yes, with the assistance of an open access barrister

Is it not possible to carry out remedial works without impinging negatively on your neighbour?

No, it is an adjoined flat roof.

Have you discussed with your solicitor the advisability of carrying out the remedial works?

Yes. They have just repeatedly argued however that the case should go to mediation; something the defendants will not agree to (although their solicitor falsely argues in correspondence that he has made countless offers of ADR all of which I have declined). Their solicitor has also said in correspondence that there is no prospect of his clients paying any of my fees or costs incurred or for the damage caused.

horleyox