Neighbours scaffolding on my property for 1 year plus

[RedRuby]

Thank you Des8.

You really are and have been absolutely wonderful.

Thank you so much.

This isn’t over, sadly, for me yet, but I am so grateful for your help.

[des8]

You're welcome and I hope it goes well for you.

If you need any assistance going forward, just update this thread.

[atticus]

Do you have legal expenses insurance?

[RedRuby]

No I do not.

What is that?

[RedRuby]

Update 3

Neighbour ended resolution talks

Letter sent via Signed For delivery today

[des8]

Legal Expenses insurance is often included with House or Contents insurance

It covers legal expenses that may be incurred pursuing disputes over property, personal injury, etc.

[RedRuby]

Ok, thank you.

I will look into this today.

[atticus]

It will probably be too late now to try to buy insurance to cover legal expenses for this existing situation. But do look at your home and motor policies to see whether they include legal expenses cover.

[RedRuby]

I was just taking a quick look at the Financial Ombudsman Service and their page ‘Legal Expenses Insurance’ to find out about it.

It says on there:

‘Although it’s possible to buy standalone legal expenses insurance, most policies are added to home or car insurance as an optional extra.

Policies bought ‘before the event’ protect policyholders in case legal action has to be fought or defended in the future.

Policies bought ‘after the event ’ insure the policyholder when they’ve already decided to take or defend a legal action and provide cover against paying the other side's costs. These are usually standalone policies.’

Would I qualify for ‘after the event’ policy? That is, if I can find one in the insurance market.

Thank you, I will check my home and contents insurance to see if I do have legal expenses insurance and have just not realised it.

[atticus]

Yes - you may be able to obtain 'after the event' insurance - but as the material you have quoted explains, this will not help you pay your lawyers.

Policies bought 'after the event' insure the policyholder when they've already decided to take or defend a legal action and provide cover against paying the other side's costs. These are usually standalone policies.

[RedRuby]

Ok, thank you.

In the Signed For letter sent today, I have not mentioned hiring or using a lawyer/solicitor in it. I have not sought or employed one either, yet.

Does that change anything or am I still at square one?

[RedRuby]

Sorry, I have misunderstood.

The policy does not cover my legal costs charged by a solicitor to defend me. If a solicitor is indeed needed.

[PallasAthena]

I'm not sure ATE is of any relevance to you, even it were available for a small legal claim like this (it probably isn't).

I assume you'd bring a court action via the small claims court/MCOL route if you are claiming damages of less than £10,000. In which case AIUI both sides bear their own legal costs so if you lost you wouldn't have to pay your neighbours costs, but win or lose you have to pay your own costs. So for you there's nothing for an ATE policy to insure (they usually cover the risk of you having to pay the other side's costs if you lose, not your own legal costs).

Hopefully one of the lawyers here can confirm my understanding of the small claims courts and costs.

[RedRuby]

Please could you explain what MCOL and AIUI stand for?

I am not legally proficient whatsoever.

Thank you

[PallasAthena]

AIUI isn't a legal term just a common online discussion forum abbreviation = As I Understand It

MCOL is the name given to the government small claims court site where you can start a small claims action online = Money Claim Online ---> Making a small claim - Citizens Advice