Litigation guide for leaky building owners
Many owners of leaky buildings don't understand why they need to get involved in litigation, or what litigation in Court involves. The sad fact is that the individuals, companies and local authorities responsible for your leaky building or leaky home will do everything they can to avoid paying to fix the problem, unless they're forced to.
Why Litigation for Leaky Buildings?
The only way to make someone recompense you for leaky homes or building disputes is to obtain a Court judgment against them. Obtaining a Court judgment can be a long and costly process. However, usually the defendants will come to realise they're facing a trial and a judgment, and will pay to settle the leaky building dispute before going to trial.
It's the job of the solicitor acting for someone who is seeking to recover money (called the plaintiff in a Court action) to put together a case against those allegedly responsible for the loss (the defendants). Ultimately the plaintiff must satisfy a Judge that defendants are legally responsible for the leaky building.
The defendants' solicitors will usually make the litigation process as long and difficult as possible for the plaintiffs, in the hope that they'll give up, run out of money or settle for a smaller amount than they're due.
Litigation is not a pleasant experience for anyone. But when the choice is between embarking on litigation, or recovering no money at all to repair your leaky home, litigation is often the only way forward. The purpose of this guide is to explain the litigation process around leaky building disputes and what you can expect if you take this path.
The Leaky Building Litigation Process
1. Commencing leaky building proceedings
2. Discovery and inspection
4. Interlocutory applications
5. Evidential witness statements
6. Mediation / Judicial Settlement
8. The leaky building trial
9. Leaky building legal costs
10. Role of leaky building experts