Amended Particulars of Claim

[horleyox]

...and stand to lose money if the Defendants' legal costs are granted by the court, rather than recover my costs as a result of the valid claim!

horleyox

[horleyox]

a) You claim for everything - it is for the Defendant to oppose quantum and the court to decide quantum. Be aware that the small claims track limit is 10k
b) "within their control to remedy" the problem. suggest substitute for 'remedy' the word 'cure'

Otherwise looks ok to me - you may wish to wait a day or two before filing to see if others comment.

Hello again Efpom,

The Amended PoC submitted to the Court in July with your assistance apparently "do not comply with the order", despite following the instructions line-by-line and including no supplementary assertions, evidence or exhibits.

I have been given a second chance, but no guidance on what was omitted or should have been included.

Unbeknown to me, in the meantime, the Defendants' solicitor made an application to strike out. I have asked for a copy of this application by way of service. I do not know (as Defendants) if they need to comply.

I have attached a redacted copy of the second Court Order received to submit further Amended PoC. Any further insight or guidance would be much appreciated, or any comments from others.

Looks like I'm on my last chance.

Many thanks

horleyox

[horleyox]

Thanks Efpom.

I reduced my claim from £15k to less that half that so that I could opt for the small claims track. I learnt a costly lesson after arranging a pre-action disclosure hearing for this and related disputes with the same defendants. This was dismissed despite blatant contempt and dishonesty by both the defendants and their solicitors. The DJ was however kind enough to halve the defendants' solicitors £100 per minute cost assessment and gave me direction on what he thought I could go on to reasonably claim for with the evidence I already had to hand.

I've gone with 'resolve' rather than 'cure' if that's ok.

horleyox

[efpom]

a) You claim for everything - it is for the Defendant to oppose quantum and the court to decide quantum. Be aware that the small claims track limit is 10k
b) "within their control to remedy" the problem. suggest substitute for 'remedy' the word 'cure'

Otherwise looks ok to me - you may wish to wait a day or two before filing to see if others comment.

[horleyox]

The other costs and fees referred to in point d. are a) an expert building surveyor's report, b) specialist legal counsel instructed only to deal with water discharging issues and c) the costs associated with an agreed-to and booked formal mediation session that the defendants reneged on without notice.

I assume you may tell me these are not valid costs that can be re-claimed but they add up to more than £4k and account for the majority of the sum being claimed.

horleyox

[horleyox]

Duly noted.

Here is my updated version based on your framework.

Please could you take a look and if considered ok I shall file today.

Thanks again
horleyox

[efpom]

You MUST follow the terms of the Order. If you do not your claim will be struck out.

Read CPR 16
Get your amended POC filed - suggest you use the framework I supplied earlier, your choice of course.
POC are brief details of claim, with the emphasis on brief!
You do not argue your case at this point - that is for trial.
Def is entitled to reply to your amended POC, with a new defence.

[horleyox]

Thanks Efpom,

That's very concise.

I was trying to cover off some of the false assertions made in the current submitted Defence of the Defendants at the same time (redacted copy uploaded here).

Would you advise not doing so?

horleyox

[efpom]

Read carefully the Order and abide by it
Do NOT exhibit any documentary evidence in your amended POC

I suggest the frame your POC as follows:

1. The legal basis for the claim

The claim is in tort and Breach of duty - The Defendant (D) is discharging rainwater that has collected on his property onto the claimants property. That state of affairs has caused and will continue to cause damage to the claimant’s property. D is in breach of duty statutory duty as the Building Regs require that --- insert ref to regs

b. Details of any alleged breaches of duty.

C moved into his property in xsxx
C noticed the problem
C brought the problem to D’s attention
D promised to remedy the problem
C gave D time to do so
D has failed to remedy

c. Details of any damages sustained as a result of any breach.

List out the damage

d. The cost to remedy the breach and/or the value of any damages sustained
It is for D to remedy at his cost C seeks an order that he do so quickly so as to prevent further damage
C values the cost of remedial works to C’s property at XXX

[horleyox]

Hello Efpom,

Thanks for your prompt reply. I have uploaded redacted copies of both the Order and Amended PoC here. The exhibits run to 34 pages, so I have only included one that summarises my interpretation of the breaches of duty, plus evidence of causation and liability.

The claim is in the tort of private nuisance and damages to my property by a neighbour (Point 1). My interpretation of the legal basis for the claim is set out at Points 5 in the Amended PoC.

Many thanks
horleyox

[efpom]

Post up the Order requiring you to amend - redacted
Post up your amended POC - redacted
Details of the issue that led to you issuing proceedings e.g. claim in contract, tort, or something else - i.e. the legal basis for your claim.