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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2341
Experience:  Dual qualified Solicitor and Attorney
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Jeremy. This is very helpful thanks. A have a questions...

Customer Question

Hi Jeremy. This is very helpful thanks. A have a few follow up questions...
(1) I assume that if my claim is unsuccessful I am liable for the court issue fee ("Online claim fee") and any interest. Is this correct?
(2) are there any other costs that I would incur?
(3) I need to weigh up the likelihood of my claim being successful. I don't really want to be a couple of hundred pounds more out of pocket if the claim fails. Are you able to give me an opinion on the likelihood of success from the following facts?- We initially raised the problem with the neighbor in 2015.
- In an email from the neighbor in 2015, he states that two tree surgeons he spoke with "have said that the only way to sort out that problem would be for the patio to be dug up and the roots underneath cut back". I believe this clearly demonstrates he was aware of the damage and that it was caused by the roots of the trees on his property.
- In an email in 2016, my wife said "The correct solution in order to avoid further damage either to my patio or property is to remove the trees altogether. Assuming that you are prepared to arrange this I will deal with my patio accordingly."
- In April 2018 the neighbor agreed to fell the trees but said he would not pay for the patio to be fixed.
- The trees were felled in June 2018.
- We continued to discussed payment of the patio repair work over email. His refusal to pay was based on the assertion that "previous correspondence with your wife stipulated the roles that each party should undertake and at no point was a time limit or deadline imposed upon the actions to be taken"
- My argument was that (a) my wife's email asked him to act to avoid further damage - which he did not; and (b) it took him over 2 years following my wife's email to act and that during that time, the damage had got significantly worse and that the cost of fixing the problem now is higher that it would have been had the trees been removed when we first asked him to.
- The last conversation with neighbor the on this matter was in July 2018
- Since then we have tried claiming on our insurance, but wee informed that the patio is not covered under the policy.Considering the duration of the situation, the previous conversation between the neighbor and my wife, and the additional damage caused by his delay in acting, what do you think the chances of a claim succeeding are?Many thanksMark
Submitted: 3 months ago.
Category: Law
Expert:  Jeremy Aldermartin replied 3 months ago.

Hi Mark, thank you for your message, addressing each of your points in turn:

1) You would be liable for the court issue fee which you pay up front in any event and then claim it back if successful

2) You should not have any further costs

3) In the circumstances and given no apparent alternative explanation as to how the damage occurred I consider you would have a good chance of success in any claim. Furthermore, your neighbour upon receipt of an indication of legal action may decide to pay up rather than risk going to court and losing.

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