Loft conversion issue advice

[^woody^]

Woody is cute but misinformed. I have previously cited case law, so it's unnecessary to repeat it here.

No you are wrong. UK law is based on the claimant proving their claim.

A PW Award does nothing to prevent anyone suffering a loss (ie damage) from suing for damages for that loss.

 

[Nakajo]

So what's jurisprudence?

 

[^woody^]

So what's jurisprudence

The study of law theory?

 

[Mark15]

Stop! lol
End of the day its going to help us in the long run.. somewhere down the line.
Thanks again

 

[Nakajo]

With no formal written constitution, English law is instead based upon a 'common law system' - one that gives substantial weight to the idea of 'judicial precedent' (that's decisions made by judges sitting in courts on previous occasions), so when a court finds for a plaintiff on the basis that 'the damage which has occurred is the sort of damage which one may expect to occur from the nature of the works that have been carried out' [Roadrunner Properties v Dean 2003] that is legal precedent. The plaintiff* did not need to prove their case. The evidence of damage (however it actually occurred) taken together with the failure to enact the Party Wall Act was deemed sufficient.

* Actually the appellant - because (and it's important to note) this case was heard in the Courts of Appeal.

 

[Mark15]

Update:

Council has been..
The gentleman had a good look and said in his opinion there has been no movement.. (door frames magically shrink then and magical cracks must be a standard).
He said checks were done after the girders were put in and passed but wasnt sure if the girders were on a 4 inch brick (the full party wall) or a 9 inch brick.
With the age of the house my mum swears they are on a 4 inch brick.
His response was get up in the loft and see if you can see the girder ends.
Plan for later on lol.

I then called the insurance company.. explained the situation again.. mentioned the party wall also and they were more interested lol.
Its being passed on to the subsidence team at this stage to either send a subsidence guy or surveyor out.
Either way they will be able to work out at least the cause.

 

[clifford1]

Plan for later on lol.

You do a lot of laughing for someone who claims to be very worried.

 

[Mark15]

Plan for later on lol.

You do a lot of laughing for someone who claims to be very worried.

Right.. thank you for the helpful comment.

 

[Mark15]

Update:

I popped my head up the loft yesterday.
It appears hes moved two supporting beams that run along the floor of my mums loft and his to the ceiling.
I couldn't see but I assume hes moved these so he could get the girders in.
theres also two new posts been made (new wood) in my mums loft.
We think basically hes been in and out of my mums side as there was no wall at the start between areas.
The cracking and door frame issue.. I'm am dead certain is down to him walking on my mums side which hasnt any floor boards as such down.

Got on to the home insurance who are sending out a claims adjuster.
I assume a claims adjuster might be able to determine the party wall etc too.

 

[Nakajo]

I must say, you seem remarkably calm about all this. I think I'd be reaching for weapons about now.

 

[Mark15]

I would personally like to smack the tw...
but I live a little further down on the street and it would make life a bit awkward all around.

Sadly my mother has seen the idiot in his garden and kicked off at him.
We agreed to not do that or at least ring me lol.
Shes told him that hes made a right mess up there and that hes done a lot without permission.
He denied going on her side then when she pointed out the work done he admitted to going on to move loft insulation (hes basically dumped his on my mums) and he had to make a few adjustments.
My mum said why or when were you going to ask me?
Hes offered to come round to rectify any mess.
I personally think hes offered that as to not raise our suspicion anymore regarding using the full party wall.
My mum replied with dont bother.. you will be hearing from my insurance.
To which he scurried off inside.

slowly, slowly catch a monkey and all that

 

[^woody^]

Roadrunner Properties v Dean

Isn't google wonderful!

Anyway, that judgement does not reverse the burden of proof, but dictates that where there are two opinions on cause of damage, the court can decide on which is most probable based on common sense, as opposed to expert opinion, and use the fact that the building owner (in this case the defendant) should not gain advantage by not using the PW Act, thus denying the adjoining owner (the claimant) the chance of a survey and protection at the start of the work.

It's more of a case of the court showing its displeasure when the PW Act is not followed, and the opinion of experts usurping common sense.

Each case turns on its own merits, so it's not a precedent for all cases.

BTW, there have been no plaintiffs since the CPR reforms in 1999.

Start a new thread if you want to discuss it.

 

[Nakajo]

I think that's what I said. And thanks for the heads up on Plaintiff/Claimant. Similarly there's not really any such thing as 'UK law'.