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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I live in a property of 52 apartments each owner is a shareholder

Resolved Question:

I live in a property of 52 apartments each owner is a shareholder in the Ltd Management Company which has the responsibility for maintenance & upkeep of the ground & building.

The company is managed by volunteer directors made up from the shareholders.

I have been subjected to bullying & harassment by both property shareholders & outsiders which resulted in me taking legal action against one individual who pleaded guilty & signed an undertaking I was left to pay for my legal aid costing several thousand as the company refused to fund those costs. The harassment has once again commenced, can I enforce the board of director to fund any further legal action I may take.

Has the company a duty of care to take every precaution to protect me
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Is the nature of the action you've already taken, and which you intend to take, based on anti-harassment?

Customer:

yes

tdlawyer :

Okay, what connection does the management company have to the harassment?

Customer:

I am a director of the company which became involved with a planning application issue the result was that a small number of shareholders & one outsider began a campaign of harassment against me which resulted in me having to take legal advice which resulted in the individual signing an (undertaking) the company left me to pay for my own legal expenses. The harassment has again started up but again the company expect me to pay my own legal fees despite the fact that the problems I have is because I am carrying out duties on behalf of the company hope this makes sence

tdlawyer :

Yes I understand. The company wouldn't normally be liable in this type of case, and this is why directors usually take out what is known as "Directors and Officers Insurance".

Customer:

We have done this but because I have not carried out a felony the policy schedule does not cover for being a victim

tdlawyer :

Ah I see. Some policies do cover this type of claim, it just depends on the insurer that you're with. When you talk abour committing criminal offences it sounds like you might be referring to a slightly different type of insurance called Public liability. Sometimes they're merged under one policy. Ultimately, though, the company isn't uner an obligation to pay your legal costs to take action. If you do succeed though in brining a claim, then the court should ward you costs be paid by the harassing person.

tdlawyer :

Is there anything more I can focus on about this for you to help?

Customer:

Okay thanks for your advise not what I wanted to see thank you

tdlawyer :

Sorry to deliver bad news on this.

Customer:

Your welcome going into a darkened room now, thanks & by

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