How old is the wall?
What has caused the subsidence?
This happened to the wall on the other side in the view of the alleyway which looks like it’s now made of breeze blocks? Did that also fall down?
What about the wall in the view of the alleyway, which is closest to the camera, on the left? Has that also been rebuilt?
I notice that the alleyway is gated. Who actually owns the alleyway?
If the alleyway is adopted, I am surprised that the council have not objected to the gate.
You say that the world win takedown for the council to undertake the work. Undertake which work? I thought you said the council said they were not liable for this?
On what basis have you suggested that United Utilities may be responsible? That the drains have collapsed?
The problem that you have here is the age of the property and establishing what is called causation.
Ie, the cause of the problem.
For you to have a claim in negligence (failure to maintain) you have to prove that is a duty of care (there is) that the duty has been breached (problematical) and that the consequences were reasonably foreseeable) also problematical).
If the drains have not collapsed and are not leaking and there has been no defective work by the utility company in this area, then they cannot be liable.
If the local authority have adopted the alleyway, they may be liable in negligence if you can that they have done something or failed to do something which has led to this happening.
You are therefore going to need some evidence from a structural engineer which says that this has been caused by some problem in the alleyway and that the problem was reasonably foreseeable and could have been prevented with maintenance. Without that evidence any claim against the local authority will fail. This is not going to be an easy claim if the local authority resolutely decide they are going to defend your action. If you do the risk of going to court, you can make a complaint to the Local Government Ombudsman will decide whether this is the local authority’s responsibility or not.
It may be simply that the wall was not built on good foundations 100 years ago and it’s just taken this long to gradually slide in which case, neither the court nor the ombudsman would find in your favour.
Can I clarify anything else for you?
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