Why leaky building litigation - the litigation process
Many people with leaky homes 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 will do everything they can to avoid paying to fix the problem, unless they're forced to.
The only way to make someone pay you is to obtain a Court judgment against them for your leaky building. 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 case before going to trial.
The only way to make someone pay you is to obtain a Court judgment against them for your leaky building. 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 case before going to trial.
Leaky building litigation: Solicitor's role
It's the job of the solicitor acting for someone who is seeking to recover money for a leaky building (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 home / leaky building.
The defendants' solicitors will usually make the leaky homes 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 for a leaky home is not a pleasant experience for anyone. But when the choice is between embarking on litigation, or recovering no money at all, litigation is often the only way forward.
Litigation guide for leaky building owners
The purpose of this guide is to explain the leaky building litigation process and what you can expect if you take this path.
Leaky Building Litigation Process
1. Commencing leaky building proceedings
2. Discovery and inspection
3. Interrogatories
4. Interlocutory applications
5. Evidential witness statements
6. Mediation / Judicial Settlement
7. Conference
8. The leaky building trial
9. Leaky building legal costs
10. Role of leaky building experts
11. Damages
