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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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My previously secure fence blew down in a severe storm and

Resolved Question:

Hi -my previously secure fence blew down in a severe storm and caused damage to a neighbour's window, which I have offered to pay 50% of cost. However I have received a letter from a student law clinic obo the neighbour demanding full payment. Am I right to refuse to pay? James
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

I wouldn't worry about the letters of a student. You should see some of the pupillage applications we get.

Were there fences blown down all over the place by this storm?

Customer: replied 1 year ago.
Thanks for the response. Yes, the fence blew down during Storm Desmond in December. It was repaired within two weeks and sits within my boundary
Expert:  Jo C. replied 1 year ago.

OK. But were other offences and roofs and similar things affected?

Customer: replied 1 year ago.
locally damage was caused to several roofs, and fences were brought down in other properties
Customer: replied 1 year ago.
Damage was also extensive on a national scale
Expert:  Jo C. replied 1 year ago.

In that case you are not liable at all. This was an act of God.

It would be different if you had neglected to repair or maintain the fence and that were a contributory factor.

You are not responsible for storm damage.

I'm not sure why they say that you are ? Are they alleging some form of negligence? If so, what ?

Jo

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Customer: replied 1 year ago.
It's baffling Jo. They base the request on not wanting to see their insurance premiums rise. As stated, the fence was in good condition and had shown no previous signs of weakness. Would you advise I refuse any further request for full payment (other than the 50% offered out of goodwill?). Many thanks for your responses - appreciated. James

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