Neighbour wanting to sue me!

Re: Neighbour wanting to sue me!

Postby despair » Tue Jun 04, 2013 11:21 pm

The practicalities of trying to maintain a flower / mixed border the other side of a large laurel hedge versus your science

However at least laurels are bettrr than conifers/leylandii
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Re: Neighbour wanting to sue me!

Postby COGGY » Wed Jun 05, 2013 2:28 pm

We had a beautiful laurel for many years which we did not water. Sadly we had to take it out as it became too big for its position, even though we pruned it each year. It was very healthy.
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Re: Neighbour wanting to sue me!

Postby Jordie » Wed Jun 05, 2013 5:00 pm

Further developments:

I spoke to his "expert" witness who stated that he had 10-15 years experience working in and running nurseries with some basic training. He is basically a small self-employed contractor, who would be too busy to appear in court!

Does anyone have any experience of a similar matter in small claims court and what the judge is likely to rule based on all the evidence provided above? Yesterday I was certain that it would be better to settle for £250 and put the matter to rest. Now I am not so sure on his evidence.

My only concern is will it cost more than £360 if I lose the case in court?

All help/advice is greatly appreciated.

Thanks
J
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Re: Neighbour wanting to sue me!

Postby Jordie » Wed Jun 05, 2013 5:24 pm

nothingtodowithme wrote:The civil procedure rules encourage the parties to settle out of court; i.e it is for the parties to amicably settle their case. The evidence is for the judge to determine the case and costs not for you to make a decision as to go to court or not to go to court. my advice is to settle.


Thanks for the advice, need to make a decision soon.

My question was really to determine whether anyone could advise on the likely outcome....
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Re: Neighbour wanting to sue me!

Postby Treeman » Wed Jun 05, 2013 6:58 pm

So if this goes before a beak he will loot at both sides of the case.

You will have an opportunity to make a written representation.

You gave notice of the proposed works and the other party failed to act

The removal of the trespassing roots was entirely legitimate under your common law rights.

The owner acted unilaterally taking the works he deemed needed in hand without giving you the opportunity to rectify any problems.

The other party's "expert" is in fact the contractor he engaged and his opinion of the job can not be seen as impartial

Putting it to the judge like that I don't see how he could find against you,.......but......
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Re: Neighbour wanting to sue me!

Postby kipper » Wed Jun 05, 2013 8:37 pm

What Treeman said. I think you have a good chance.
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Re: Neighbour wanting to sue me!

Postby COGGY » Wed Jun 05, 2013 10:29 pm

I also think you have a good case.
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Re: Neighbour wanting to sue me!

Postby Jordie » Thu Jun 06, 2013 2:29 pm

Treeman wrote:So if this goes before a beak he will loot at both sides of the case.

You will have an opportunity to make a written representation.

You gave notice of the proposed works and the other party failed to act

The removal of the trespassing roots was entirely legitimate under your common law rights.

The owner acted unilaterally taking the works he deemed needed in hand without giving you the opportunity to rectify any problems.

The other party's "expert" is in fact the contractor he engaged and his opinion of the job can not be seen as impartial

Putting it to the judge like that I don't see how he could find against you,.......but......



I notified him verbally about building my wall but he now says that wasn't proper notification.

He did write to me in January notifying me about the damage to his trees and I should put it right. I then got them pushed in and tied together with some cable. He didn't think that was good enough and started shouting and screaming etc so I didn't bother trying to do anything for him anymore. Meanwhile the heavy snow in Dec/Jan made matters worse. He then got the whole line replanted with Laurels and issued me with the bill.

Now he wants minimum £250, I offered him £220 today and he refused.

In my mind I just need to be satisfied that it would "probably" cost me less than £250 if I let it go to court.

Does the above change your view of the case? I do value all your opinions/advice. Just need to decide what to do and stick with it.

I know its not going to be the end of our issues because at some point his trees will damage my wall and driveway....
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Re: Neighbour wanting to sue me!

Postby COGGY » Thu Jun 06, 2013 2:48 pm

Only you can actually make the decision whether to settle or go to court. However, you have made an offer, which he has refused. Therefore you have attempted to resolve the issue. I do not see how anyone can expect you to pay for the replacement of all the trees. It does not seem clear to me that you have damaged any of the trees. They do not look like healthy specimens in the photo. Even if you had damaged some (which is not my view) how would that make you responsible for all the trees?

Are you actually even convinced that he will go to court? It could be all bluff. I would not offer even the amount you have in your shoes. You have attempted to resolve the issue. Keep a written record of your offer and his refusal, with dates. If you allow him to bully you now, what might he do in the future?

Best wishes.
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Re: Neighbour wanting to sue me!

Postby despair » Thu Jun 06, 2013 5:46 pm

DITTO
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Re: Neighbour wanting to sue me!

Postby Jordie » Fri Jun 07, 2013 5:24 pm

Thanks to all for the advice above.

I am just waiting for his move now....
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Re: Neighbour wanting to sue me!

Postby Jordie » Sat Jun 15, 2013 11:40 am

In the end I gave in and paid him £250 to settle but got him to sign an underataking stating that it was full and final settlement of all his claims against me for building my wall. I did mention that the spread of his rowans in the future could undermine my wall and driveway; his reply was that he probably wouldnt be around in 5-10 years time.....
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Re: Neighbour wanting to sue me!

Postby arsie » Sat Jun 15, 2013 12:11 pm

Did you ever see proof of his alleged £360?
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Re: Neighbour wanting to sue me!

Postby Jordie » Sat Jun 29, 2013 12:20 am

Yes, he gave me acopy of the invoice and I checked some online prices which concurred.
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Re: Neighbour wanting to sue me!

Postby despair » Sat Jun 29, 2013 8:15 am

You were still very very wrong to cave in to his demands
especially since the new plantings are both unsuitable and far too close to the wall
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