Hi CraifMcK , he is doing work to the fireplace on the party wall, but as I don't talk to him I have no idea what he has done. Honeybee13, I checked my policy and I have not got legal cover. This is only the damage I mention, I have had continual noise for the last 2-3 years, at all times of the day and night, I think he has mental issues, as bangingand scraping on the walls as late a 2am, seems to be the norm with him !! Thanks for the posts. Potman

Hi Ok, I take your point, but he has dug down within 3 to 6 meters of my property, and I believe he has underpinned his foundations. (Which I can't prove.) You say the tort is straight forward, and "you will lose an almost cut and dried claim", can you give any advise on the steps I would need to take. Thanks Potman

Hi ericsbrother My understanding was that if I take the Common Law tort approach, the I would have to prove his works had caused the damage to my property ? Were as with the PWA, which he should have served in my opinion, the judge has the ability to reverse the burden of proof. Thanks Potman

Hi Yes, the problem is, he has made no planning application, or any Building Regulations for any of the work. I have been working with the council and they are useless, he has basically told them he has not done anything that has required building regulation or party wall agreement !! and this is on a house renovation ? I will checkout the link. Thanks

Just to clarify the above, were I said PP (Planning Permission), I meant to say building Regulations.

Hi Guys Looking for some help with this, approx 2 and a half years ago, a new neighbor moved in, the house was in a state, he began to renovate the house, there was no contact with me or the other neighbor over the work he intended to complete. The house is middle terrace. There was no PP applied for, but I believe he has underpinned his foundations, and replaced structural beams within the property. He spent at least 2 months banging away at the party wall, now I have plaster falling of the party wall on my side, and have penetrating damp in 2 basement walls. I contacted him via letter and explained his work had damaged my property, however he has just ignored it. Having done some research, I think my only option will be to take him to court, under common law, I have also discovered that the country court has the power to reverse the burden of proof, in cases were a Party Wall Agreement should have been put in place, following a number of Judgments in the high court. Anybody had any experience of this type of proceeding ? Thanks in Advance. Potman

Capquest/Drydens : 0 - potman100 : 2 I say 2 as the request to lift the stay was struck out, and then the actual case was struck out, with the Judge saying "The Claimant Has No Chance Of Success" The Case rested on the Default Notice : , the Judge said, as the default notice was a redacted template, that this was no evidence that the Default Notice has ever been Properly served, and the contents were not as the law required, The screen print was also given the same treatment. Lasted Nearly 45 mins, and at different points I thought I had won and lost, The claimants witness statement helped on point 6, it said that they would not be able to provide the original Default Notice, this lead the judge to say that it could not be proven it was ever sent. So Happy days for me, not so much for the Judge, he really did not want to rule in my favor, he said I was just trying to get away with paying my debts !!!!! A Couple of points I would do differently, I would send my witness statement to the claimants solicitor, as he tried to use this to say he was not prepared, but the judge was having non of it, and expect that he would be able to read 2 pages and respond. The Other things is I would not ask for costs again, the judge was not to happy when I did, and he refused to hear my request. I could not have won this is it was not for the help on this forum, DX, and Andyorch made it possible for me to stand a chance of winning, and I can only say Thanks You Very Much to you both, I will be making another donation to help keep these forums running, as it's one of only places online that the staff are interest and can't do enough to help, once again Thank You. Potman100

Ye, if all goes well ?????????

Thanks m8, if all goes well, do I just ask for costs at the end ?

Well I work for my self, but I could be doing other things so it will cost me a day ! Bradford is only 10 miles away and parking is free !!

Not really, what would you think would be realistic and the judge may be ok with ?

Thanks for that, something to think about !

Hi Andyorch Well court on Monday !!! Just wanted to ask, I received a costs breakdown from Drysdens, over £1600, my question can I request costs if I win the case ? Potman100

Thanks for this m8, makes things clearer, I did not realize the deficiencies in the paper work until you put up the last post. This gives me a better understanding of the case. Potman100

I will have a good look a the sections you mention tomorrow, bit late now to get my head around them. They might just not turn up at court once the WS is submitted ? TheThis was the case last time !! with a similar case. So, looking at Section 127, could it be said that they had breached the first 3 sections [F1(za)section 55(2) (disclosure of information), or] [F2(zb)section 61B(3) (duty to supply copy of overdraft agreement), or] (a)section 65(1) (improperly executed agreements), or as a counter argument to the judge, even though we are only referencing (a)section 65(1) (improperly executed agreements) in the WS ?