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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience:  Over 5 years in practice
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When in my previous relationship I was out with my partner

Resolved Question:

When in my previous relationship I was out with my partner having a few drinks. She quickly got very drunk and this led to us arguing and me trying to control her. In the end I gave up after a face to face argument and walked off. As I did so out of fustration I pushed her. Bring drunk in heels and hands in her pockets she fell and damaged her tooth.
This was overseen by the police who wanted to press charges. My partner knew it was an accident and informed the police of this who still decided to take it to court.
She wrote a letter in support of me for the Court admitting was her fault for excess alcohol consumption and not the type of person I am. I still ended up paying over £1100 in fines and legal costs
Several months later I ended the relationship as it was not the type of relationship I wanted
Upon dental consultation it became apparent that she would need dental work doing.
We looked into a few options and I said at the time I would assist as it was an accident
She choose to go ahead and have over£3000 treatment the most expensive option and demanding I pay the majority of this. She is unhappy I have moved on with my life and is now moving house the financial stress has caused her to threaten me and blackmail me.
She insists if I don't pay she will take me to court.
In regards ***** ***** where do I stand in covering the bill for this work?
Submitted: 2 months ago.
Category: Law
Expert:  Jo C. replied 2 months ago.

For what price could she have had this done?

Customer: replied 2 months ago.
A dentist family friend could have done the same for £1600-£2000. The other options were around £600.
Knowing this she chose that option and went ahead without discussing first.
I also have a letter from her admitting that the reason it happened and she fell was due to get alcohol consumption after I had already tried to help her and sit her down and put her in a cab that night
Customer: replied 2 months ago.
The two options were implant £1600-£2k or bridge at £400-600. She wanted the implant which I understood.
We had a quote from a private dentist that was £3500 which she ending up taking.
My original offer was to pay half of what the dentist I knew would charge.
Without speaking for a while she then demanded money with blackmail etc
She then later admitted this was due to stress of moving house.
Expert:  Jo C. replied 2 months ago.

If there is a conviction against you then you cannot defend this on the basis that you are not responsible. The conviction establishes that as a question of law.

I suppose you could argue that she was contributorily negligent maybe although it is not the best point.

However, she won't get away with choosing the most expensive option. She is under a duty to mitigate her loss. She might not be under a duty to choose the cheapest but the most expensive is just plain guilding the lily.

Can I clarify anything for you?


Customer: replied 2 months ago.
When this happened we knew £2k could of had this done. That being the more expensive work. I offered to contribute half so in this case £1k at most. How would that compare to if this went to court? How much could I be liable for do you think ?
Expert:  Jo C. replied 2 months ago.

You are fully liable.

Come what may, you have been convicted. You are liable for the full cost of treatment.

Customer: replied 2 months ago.
Ok thank you I understand that.
Does that mean I full liable for the most expensive treatment option that you classed as gilding the lily. How would it be decided on the amount?
Expert:  Jo C. replied 2 months ago.

No, you are liable for the cost of treatment.

But you can argue that she has not properly mitigate her loss by seeking the most expensive treatment.

So you need to gather evidence of cheaper options.

Customer: replied 2 months ago.
Thank you for all your help
Expert:  Jo C. replied 2 months ago.

No problem.

All the best

Please remember to rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience: Over 5 years in practice
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