Full and final settlement query

[JanieBB]

I've issued a claim against my neighbour as he has done a lot of damage to my roof - whilst he was doing his building work. All through the without prejudice negotiations he was adamant he wanted a full and final settlement - which I refused to accept as there is no idea what might happen in the future, etc. His solicitor has now responded - without prejudice - to my court claim - again stating that they will pay for the damage to my roof - in full and final settlement, and that there are no order as to costs. The full and final here means that there is no further comeback in the future . Am I correct??? Please help

[stevemLS]

Re: Full and final settlement query

Yes, you are right.

Can you not get a surveyor to prepare a report on the likelihood of future problems emerging (and add the cost of the report to the claim).

What is the approx value of the damage?

You really want to avoid getting into a dispute with your neighbour, they can prove to be very long and very expensive - and you would have to declare it if you ever want to sell your home.

Good luck.

[JanieBB]

Re: Full and final settlement query

Hello again
But do I have the right to reject his full and final offer - and just accept his payment as a settlement for this damage. Why should he have the right to impost the full and final stance on me? What chance would I have in court of successfully rejecting this?

Thanks again

[des8]

Re: Full and final settlement query

Yes, you have the right to reject his offer and take it to court.
It seems to me he is in no position to impose terms.
He either pays for the damage, or allows it to go to court and then pays.
IMO he cannot insist that he only pays for the damage which is obvious now.
If further damage is discovered at a later date, which damage is attributable to his actions, you should be in a position to claim against him.
On the other hand of course, he would want to draw a line under it.

As a matter of interest is this a small claims track matter, and do you know if he has claimed against the liability section of his insurance?
I'm just wondering why he has involved a solicitor or if they have been instructed by his insurers

And bear in mind Steve's warning about long term effects.

[stevemLS]

Re: Full and final settlement query

You can't however accept payment expressed in f&f without accepting the totality of the offer.

If you want to try to, the divorce must be explicit.