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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Personal Injury –Defence Northampton County Court My former

Resolved Question:

Personal Injury –Defence Northampton County Court
My former tenant’s solicitor served me court letters for a claim of max £10k compensation including a personal injury claim exceeding 1k. I have posted acknowledgement letter. And I have to answer by 24th June.
My tenant lived in my property from 18/1/12 till 01/3/13. I had a Gas certificate for the first 5 months but I lost it and did not show her. We had a good relation throughout except the last week.
On the last week of tenancy my tenant called British Gas and found gas leak. I attended the the property with a gas safe engineer. The report states slight gas leak but he did not check flue.
The claimant solicitor now have an expert doctors report who thinks my tenant had symptoms of CO poisoning as she attended hospitals with such symptoms. The medical report also reveals that prior to living in my property she also had some symptoms of dizziness etc. And after 18 months leaving my property she still have some symptoms but they think it is migrane.
After my tenant left I sold the property and it is being demolished as part of the council re-genaration.
The property had CO alarm which was operational.
She had a one year old baby but the report do not say anything about it.
She also mentioned me that she used a paraffin heater as the bedrooms didn’t have radiators
There was no proof that my boiler emitted CO. I think her own heaters were faulty.
Questions:
1. My son is a doctor and a cardiology registrar. Can he provide a letter about his opinion on the expert doctors report? If so how?
2. In my defence do I also have to state if I agree or not the compensation amount?
3. If this goes for a trial and if I loose what sort of money I may have to pay including the court cost?
4. After the tenant left, a handyman came to clear the flat who witnessed the CO alarm working. But now I understand he is illegal here. Can he be a witness? Or file an affidavit?
5. What is my best option when expert doctors report is not in my favour?
6. I understand the baby can file for compensation till age 18 . How likely that can be ?
7. Anything else you may suggest?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you have Landlord insurance?
Customer: replied 1 year ago.

No insurance.

Gas leak was from a water heater boiler.

Expert:  Ash replied 1 year ago.
1. My son is a doctor and a cardiology registrar. Can he provide a letter about his opinion on the expert doctors report? If so how?
Sadly not. Only a Court appointed expert can give an opinion.
2. In my defence do I also have to state if I agree or not the compensation amount?
Not at this stage. You can provide a counter schedule later. If you wish to admit the full amount you can, but you can't say you only think they should get £x.
3. If this goes for a trial and if I loose what sort of money I may have to pay including the court cost?
Yes. The rules are the losing party pays.
4. After the tenant left, a handyman came to clear the flat who witnessed the CO alarm working. But now I understand he is illegal here. Can he be a witness? Or file an affidavit?
Yes he can be a witness and should attend if there is a trial.
5. What is my best option when expert doctors report is not in my favour?
Get a second opinion.
6. I understand the baby can file for compensation till age 18 . How likely that can be ?
I can't say, it is possible and the baby has until they are 21 to bring a claim.
7. Anything else you may suggest?
Apart from get a Solicitor if you deny it then file a defence.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you very much. Much appreciated.

Few things not yet clear from the above numbered points.

2 If I propose court to to give judgement without me attending court to reduce cost. And if the court orders me to pay max claim.Roughly how much the court cost I may have to pay. Will this be 10k + court cost?( A rough amount to get an idea)

6 Can I get into settlement where by there will be no future liability from the baby in future?

Expert:  Ash replied 1 year ago.
2. If you lose then your liability in costs will be about £15,000.
6. Yes you can make this part of any settlement if you do put an offer on the table.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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