Discharging rainwater

[horleyox]

So, I have today received a response to my LBA from the neighbour's solicitor. He argues that the disclosures requested are disproportionate, so none will be provided, and he refuses to discuss the associated boundary dispute, again refusing to provide the associated evidence sought. So, no response to my claim, no acknowledgement or acceptance of mediation, no backing for previous (false) assertions made, no disclosure of evidence being relied upon and no willingness to discuss further a related boundary dispute I had offered to enter independent arbitration over. How does one deal with such non co-operation and intransigence?

Perhaps I should add that the solicitor in question is an old-timer (late-60s), acing as a 'consultant'/freelancer to the firm and has dealt only with litigation his entire career. So I presume he knows what he is doing and has a plan in place. Does he simply not take my claim seriously or think I won't pursue it?

horleyox

[horleyox]

...any solicitors on here willing to progress my claim on a no-win no-fee basis??

horleyox

[des8]

So he's calling your bluff and doesn't think you will initiate court action.
His refusal to negotiate, mediate or arbitrate, together with a refusal to disclose his "evidence" will not go down well when it comes down to allocation of costs.

Is your solicitor working on a Conditional Fee basis for you and have you purchased an After The Event policy?
Viewing your last request I assume not.
Was it discussed at all?

[horleyox]

I guess you are correct. He's in for a shock (or his clients are) as I have no choice but to see this through. I've been told by an agent that my house is unsaleable if I don't. And then of course there are al these disputes I am legally obliged to disclose to any prospective buyer. That will no doubt reduce the price by another £50-100k.

No, my current solicitors are pretty useless, despite having a good reputation for property dispute resolution. Initially briefed at partner level (at considerable expense) but then serviced at associate level (with different associates assigned that needed to be re-briefed each time a response is required).

horleyox

[des8]

I have just read back over the whole of the thread and wonder what your are now seeking.
At one time it was suggested that you go for a court order that your neighbours retain water collected on their property and stop discharging on to yours.
You were then going to claim on your insurance for the damage to your house.

Since then you have found their building has been extended on to your land by a couple of feet.
You are unlikely to get it removed, and they are putting up a fight over it.
Do you include it in your LBA? Is it worth including it? The building was there when you purchased the property, so will anything change?

Realistically perhaps you should just concentrate on getting the water problem resolved.
This was your main bone of contention, and your strong point.
To divert on to other matters may distract from this, and cause enormous expense,which may be what your neighbours' legal advisers hope..

[horleyox]

Thanks for your post.

The issues are however intrinsically linked. The building work involved an in-fill flat roof that abuts mine. It encroached our legally-recorded boundary, which has remained unchanged according to HMLR for 50+ years. They can come up with no evidence of a right of prescription but require to be able to encroach my boundary in order to be able to continue discharging their rainwater via a horizontal open drain pipe onto my property, as they wish and intend.

My insurer will not entertain a claim until an alternative, permanent and successful solution to the discharging issue is found and in place. Otherwise, as they say, there will just be a recurrence.

horleyox

[horleyox]

Does anyone have any recommendations of solicitors willing to work on a Conditional Fee basis on a claim like mine? Or do I need to post this question on a different forum?

thanks, horleyox

[des8]

We don't recommend any particular solicitor, but our sister site JustBeagle (link on the right of this page or https://justbeagle.com/ ) might be of assistance.

[horleyox]

I have taken a look but I am not reassured that I will be any better off than I am now.

I will be applying for a PAD hearing on Monday. I feel I have little choice but to pursue this, given the threats, dishonesty and non-engagement of their litigator and the fact I know the defendants are going to do nothing to remedy the situation and just seek to reinstate the former illegal discharging arrangement as soon as they can.

i have reported the (non-regulated) litigator's firm to the SRA. Don't expect the complaint to be upheld but at least it might mark the firm's card and fire a shot over the litigator's bows.

horleyox

[des8]

Assume you are acting in accordance with CPR 31
Mentioned, just in case................

[horleyox]

Yes, under CPR 31.16.

horleyox

[horleyox]

One piece of advice please linked to the PAD application. For the Draft Order, the defendants are Mr and Mrs. Does this mean there are two defendants rather than one? If so, is this presented as Mr SoandSo Defendant (1) and Mrs SoanSo Defendant (2)?

Many thanks
horleyox

[des8]

If one is suing a husband and wife,each is named separately, and served individually.
it would seem logical the same procedure is followed and they are named as defendant 1 and defendant 2

[horleyox]

Thanks. Presumably only one PAD application is needed with both of their names on it? Should it be Mr & Mrs (husband's initial) (surname) or the individual names of each defendant.

Thanks again
horleyox

[des8]

I would use each individual's own name