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
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
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