Water leaking from side of bath

SYSTEM CONNECTIONS : Connection to compression fitting: Many, but not all, compression fittings are suitable for use with plastic fittings and pipe. Users should therefore check for compatibility. Compression fittings with short tube stop depth or hard olives should not be used with plastic fittings or pipe.

taken from plumcenters guidelines

http://www.plumbcenter.co.uk/wcssto...l/ti/on/Speedfit_Connections_Installation.pdf
 
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We are now taking the plumber to court over the incorrectly fitted joint

Are you going to ask a judge to choose between what you say and what a professional plumber says? No chance! You need some sort of professional review of the work (and just what some other similarly-qualified plumber says isn't going to be more than 50-50).

You might consider asking the manufacturers of either the pipe or fitting to comment.

Do we know yet whether the pipe inserts were fitted?
 
We are now taking the plumber to court over the incorrectly fitted joint

Are you going to ask a judge to choose between what you say and what a professional plumber says? No chance! You need some sort of professional review of the work (and just what some other similarly-qualified plumber says isn't going to be more than 50-50).

You might consider asking the manufacturers of either the pipe or fitting to comment.

Do we know yet whether the pipe inserts were fitted?

my thoughts are contact trading standards do web searches for other problems with the plumber or company concerned if nothing comes up then claim on the house insurance and cheekily ask the plumber to pay the excess ??
 
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If you go small claims without an (expensive) expert witness then it helps to have a paper trail (or its electronic equivalent) to show the court. Do you even have the guys correct name & address?

If you win you then have to get your money - the long expensive march to nowhere if the guy doesnt care.
 
We are now taking the plumber to court over the incorrectly fitted joint

Are you going to ask a judge to choose between what you say and what a professional plumber says? No chance! You need some sort of professional review of the work (and just what some other similarly-qualified plumber says isn't going to be more than 50-50).

You might consider asking the manufacturers of either the pipe or fitting to comment.

Do we know yet whether the pipe inserts were fitted?
The plumber fitted the pipe. The pipe leaked not long after a year, and it was in a confined space that could not have been tampered with. It really is that simple.
 
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Old pearl of legal wisdom--
"The man who acts as his own advocate has a fool for a client."
 
What evidence have you accrued to prove a faulty installation? The mere fact that it was fitted on X date [I note you mention 3 time periods - 18 months, 15 months, 1 year] and then leaked on Y date may not be sufficient. As has been mentioned, plastic pipe can be used with compression fittings providing the manufacturer's guidance is followed. This would normally entail using pipe inserts and softer olives (copper not brass) but different manufacturers will have different guidance.

Check what the pipe is (the type/manufacturer is usually printed on the pipe) Then check the manufacturers website for the guidance. If the guidance has not been followed (e.g. no inserts used) then you will have a much stronger case to say the installation was faulty. If the guidance was followed, you are then back to having to prove fault by the company/plumber. Be prepared that the company/plumber may argue that any leak due to faulty installation would have occurred much sooner if the installation had been the culprit (they may argue that such a leak would have presented itself within a few weeks of installation and any later leak must be down to something else)

If you gain evidence that clearly shows the installation was faulty (because manufacturer's guidance was not followed) then be aware that you ought to try other avenues before ending up in court. Firstly, set it all out in a letter and send it recorded. Await the response. If that fails then you may be offered mediation by HM Courts Service. Don't be quick to dismiss this. FYI - County Courts will often wish to know what you have tried prior to getting to court and will take a dimmer view if there appears to be a rush to instigate proceedings without trying other avenues to resolve the issue first.

IMHO, you don't need an expert IF there is a clear fault in installation because the manufacturers instructions will, in effect, be your evidence. A short statement from the emergency plumber confirming the fact there were no inserts would be required though. However, if the MIs have been followed, you are back to trying to prove fault by the plumber/company and this will be more difficult without expert evidence to prove fault 'on the balance of probabilities'

Remember that proving your case in a small claims matter in terms of evidence and the way it is presented is treated in the same way as if it were a major case in The High Court. The burden of proof and the presentation of evidence is the same.
 

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