Litigation Questions & Answers

Feb 24 2010 By Poole Alcock

Question:

6 months ago, I was promised in writing an £80 refund for a plane ticket that I was unable to use do to a cancellation. I have still not received payment. What action should I take?

Answer:

A formal complaint could be made to the service provider and if this does not meet with your approval, a complaint could be made to the Air Transport Users Council.

Ultimately, if you do not receive your refund it would be possible to commence a claim against the provider. As the claim would be for less than £5,000, it is extremely likely that should the service provider dispute your claim, it would be allocated to the small claims track. For claims allocated the small claims track, normally each party has to pay their own legal fees (although the unsuccessful party would have to pay any court fees incurred by the successful party and certain expenses, if reasonable).

Question:

I have lived at my house for over 20 years and recently have had new neighbours. They have told me they believe that the boundary fence between our gardens is not in the correct position. They claim that the boundary fence is in fact on their land and that it should be removed onto my land.

Answer:

It may be that the deeds or the title plan to the properties show where the precise boundaries are. However, if the area of land in dispute is not significant (for example 2/3 feet), it is unlikely that the deeds or Land Registry plans would give this much detail.

It may be that if you have used the land as your own for a significant period of time, regardless of any deeds, you have acquired ownership by reason of your adverse possession.

Question:

Last year, I had all the windows to my house replaced. The cost was £4,000. However, I have only paid £1,500 as I am not happy with the quality of the work. The builder is threatening to sue me.

Answer:

You need to check your terms and conditions/contract with the builder. It may state that in the event of any dispute, the matter should be referred to an arbitrator or mediator. You could also check to see if the builder is a member of any federation (for example Guild of Master Buildsman),as they may have their own resolution service.

Before you think about having any remedial work carried out to the windows, it is important that you take photographs and keep a record/log of any complaints. The builders should be provided with an opportunity to inspect the windows before any remedial works are carried out.

For further information please contact our Dispute Resolution Department on either 0800 389 7093 or via email at prh@poolealcock.co.uk