Conflict over hedge

[Puczomi]

Hi,
We have a dispute over hedge (20m tall leylandii).
Some 6 months ago we employed a tree surgeon to cut back overhanging branches. They went over the fence by a couple of feet. Neighbours reported us to police and we got issued community resolution order. Trees are fine and growing but neighbour demands we pay for replacement trees and values them at £1200. Despite lots of email exchanges we can’t come to an agreement as we don’t feel there is need for financial compensation and they do. When signing CRO we agreed to resolve the issue with neighbours and to keep communication with them. Now they want mediation to reach appropriate level of financial compensation. We haven’t got much money but mediation services they found cost £600 per half day session and more than one could be necessary according to them. They want to split costs. Do we have to agree to it and do we have to pay half the costs?

[des8]

You cut back branches from your neighbour's trees as they were overhanging your property?
That is perfectly legal.
The only caveat is that you should offer to return the offcuts to your neighbour.

What was the CRO for?
The matter of pruning overhangs is a civil matter, not criminal so police should not have taken a position
Was there a breach of the peace?

I would communicate with neighbour by telling them that you owe them nothing, but if they disagree they are welcome to initiate a court claim.

That is of course if there is nothing else behind this event

[Puczomi]

Sorry, I don’t think I explained it well in the post, the tree surgeon cut two feet into neighbour’s garden so more than they should have. neighbour reported it to police and as we employed the tree surgeon, we were liable for the damage, hence the CRO, nothing else happened between us.

[des8]

Ahh.. cutting over the boundary makes it criminal damage, hence police involvement.

Whilst you are ultimately liable for actions of tree surgeon who was acting on your instructions, what instructions did you give the tree surgeon?
If he exceeded his instructions you would be able to recover your losses from him.
If he is a professional in any case he should know not to cur over the boundary and I would hope he had PI insurance.

[Puczomi]

Of course instructions were to cut to boundary but we have no proof as it was verbal contract. I believe they have insurance but ignoring our request for details at the moment .

[des8]

You don't need their insurance details.
You claim against tree surgeon,: he claims against his insurers (if he has correct policy)

Even if you did not give him exact instructions as a professional he should have known not to cut over the boundary.

CRA 2015 sec 49 requires services to be carried out with reasonable care and skill

[Puczomi]

Tree surgeon denies doing the work and all I have is bank statement to prove money was sent to him. He blocked my number and doesn’t reply to emails. I thought I would need details of his insurance to be able to make a claim, how else can I do it?

[des8]

You issue the claim against him directly.
You do have a name and address?
The fact you paid him should be sufficient proof he worked for you