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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70646
Experience:  Over 5 years in practice
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A neighbour who was giving a party asked if some of their guests

Customer Question

A neighbour who was giving a party asked if some of their guests could park on our land. We agreed to this. Unfortunately one of their guests reversed into a dwarf wall on our land and demolished a section of it. No one witnessed this and although the neighbour and I agree who it probably was no one has yet come forward and owned up. The neighbour, whilst keen to find the culprit, is not offering to repair the wall or meet the costs of the repair, as he considers that he has no responsibilities in the matter. I argue that he has a duty of care regarding my property having asked to use a part of it. All I want is for the wall to be reinstated as quickly as possible but I am reticent to do this myself in case I end up out of pocket. Any advice would be welcome.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Is it going to be a hugely expensive repair? What costs do you imagine ?
Customer: replied 3 years ago.

£2000

Expert:  Jo C. replied 3 years ago.

Thanks.

I’m really sorry but I’m not sure I can give you good news.

To bring a claim in negligence you have to show that somebody owed a duty of care which was breach and you were caused loss. The loss must be reasonably foreseeable.

I don’t think you will have a problem as far as that goes. However, I do think you would fail for this reason. If this went to court you would have to show that your neighbour’s duty of care extended to the driving of his visitors and it just plain does not.

The driving of the culprit is the problem here. He fell below the standard required of him. He was negligent and is therefore liable. The neighbour has no control over the driving of this person.

In the absence of proof of the identity of the culprit I’m afraid that you will really need to claim upon your insurance.

If you are intent then you issue here

www.moneyclaim.gov.uk

It is always possible that he will fold and offer something. People do sometimes.

Can I clarify anything for you?

Jo