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Hedge dispute and damages

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  • Hedge dispute and damages

    Ok need some help here please
    in 2018 in front in two witnesses my neighbour gave us permission to reduce the height of the hedge by a certain amount
    I go to cute the height down and after i had done about 2 metres worth he tells me doesn't want the hedge cutting down to that height
    As part of the pursuing argument whilst cutting our side of the hedge the neighbour attacks me with his pressure washer turned on , this being common assault
    Police come out and he agrees to something called restorative justice and agrees to admit to it and signs a ABC (acceptable behaviour contract)
    during this attack he gets my phone wet and it stops working. he now wants to sue me for damages to the hedge
    Now i dont own the house, my partner does , but my partner did not cut the hedge
    My defence is simply one of promissory estoppel (i believe this would be right), i would then enter two witness statements and call my two witnesses for the hearing
    Secondly i would issue a counter claim for the damaged phone. Would i be right in thinking that since it couldn't be repaired (i have the damage report) then would i issue a counter claim for the cost of the phone as a new replacement
    I think this could be quite long and drawn out and he will deny saying i could cut the hedge
    finally i believe his claim could only be against me , now i dont own the house and have no assets he can touch, i dont believe he can go after my partner as (although not a private nuisance claim and not a landlord) the court of appeal has ruled that someone else can not be held for a nuisance if they did not authorise it

    My entire defence would be promissory estoppel

    any help and guidiance would be appreciated
    I am expecting a letter before claim at any time, i need to ensure that he goes after me only, in which case i am on safe ground , he could win 50K and i wouldn't be bothered
    Tags: None

  • #2
    Can anyone assist with this please.....

    Comment


    • #3

      So the neighbour gave you permission to reduce the height of the hedge, but after work had commenced he withdrew that permission.
      Presumably you then ceased operations.
      He is now threatening to sue you for damaging the hedge.

      That might be an idle threat, but if he should initiate a claim your defence is that you were acting with his permission.

      Presumably the hedge is on the boundary between the two properties.
      If it was excessively high (over 2 metres), evergreen or semi evergreen and obstructed light or views complaint could be made to the local council under Part 8 of the Anti-social Behaviour Act 2003 and the High Hedges (Appeals) (England) Regulations 2005.
      You might be able to work it into your defence in that if he had not agreed to you reducing the height you would have made complaint to the council
      https://assets.publishing.service.go...complaints.pdf

      You weren't acting as your partner's agent so unlikely he would be successful if he included her as joint defender.

      You could lodge a counterclaim for your phone, but only for its value not its replacement cost as new

      Comment

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