Building Disputes: UK General Litigation

Are you a litigant in person, running your own case?
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I look a specific area of law, building disputes and consider the 6 key aspects to getting it right, from what to do pre-action to judgment:
This is for small claims and fast track building disputes, not very large scale construction matters. I cover:
Limited Companies: does your opponent have the money?
Allocation to track and counterclaims
Scotts Schedules
Experts
Offers & Part 36
Losses
Please note that Redwood Legal has ceased to trade. We have set up a new service tailored towards litigants in person, Court Wingman Limited. (For full representation we can still help you too, through our partner law firm.)

[@Marenqo]

Judging by that wall, was this taken on the premises of a client?

[@imayjustsay]

Hello Sir, When taking out a claim, should I go for: 1, The individual (e.g. the Director) 2, The company e.g. ABC Ltd 3, both ?

[@RedwoodLegal]

Both, if you can. But who did you believe you were contracting with? If its clear (from the invoices or a written contract, say) that you were contracting with a business then you do not really have a choice! It has to be the business alone

[@imayjustsay]

@@RedwoodLegal I believe I am contracting with a company. Thanks for the prompt reply. I believe the Director is ultimately liable for all the affairs of a business. Therefore he (or she) should take responsibility when a claim is issued. Particularly, because companies are often set up to avoid responsibility when things go wrong - as explained in your video.

[@RedwoodLegal]

@@imayjustsay I am afraid not. He does not take on the personal liabilities of the firm, even if he is a sole director - that is the whole point and meaning of the word "limited": his liabilities are limited. (Unless he is a fraudster.) You can still sue the firm - just make sure they are established and able to meet the judgment award.

[@Marenqo]

@@RedwoodLegal I know this from a while back, but I really appreciate you taking the time to film this and answer questions. Unfortunately, I would not be here if I did not have a similar issue.

[@Duncan-Bizkitts]

Hi, As it happens my wife’s parents who are elderly, were duped by a salesman into paying a substantial deposit for work on a new drive having accepted a quotation. COVID-19 came along and they couldn’t get a date from them to commence the work, even when outside workers were back to work. The company (I don’t think they’re a limited Company) haven’t responded to emails, phone calls or letters. No work has been done and they’re £1000 out of pocket. Would the small claims route be worth considering, wouldn’t be surprised if they set up under a new company name and if so do they have any form of redress?

[@RedwoodLegal]

Paul, this is a very interesting issue, and we are starting to get enquiries in this area. It is very fact-specific, I am afraid, but I would say there is at least an arguable case here on the basis of what you have said, admittedly briefly. Happy to be emailed at [e-mail] - we do offer discounted legal surgeries of one hour for people who just want an initial review. The possible bigger danger is that builders, in our experience, often hide behind limited status, and will happily go into insolvency (and re-invent themselves under a new name) in order to avoid their creditors. So certainly check to see if the builders are solvent first.

[@Life_Randoms]

What about shaming and naming them on social websites ? Can they claim or make a counter claim on that ?

[@RedwoodLegal]

It all depends on whether there has been any factual defamation of the business.

[@borntodoit8744]

I note BUILDING CLAIMS are different from LEASEHOLD PROPERTY dispute claims. The latter goes to FTT (first tier Tribunal) either direct or via county court. Tribunal being a Property court specifically set-up to judge leasehold claims. Claims are against the the CURRENT Freeholder Company ("the Landlord") or his agent ("the Property Mgr") for managing an estate, a building and the provisioning services for each for the benefit of the Leaseholder ("the Tenant")...the other counter party to the lease. My question if my landlord wants to raise a debt claim against me for non payment of service charges for £X and I threaten a counter claim of £Y. What is the total value of claim is it X or X+Y? Understand the claim is initiated by landlord,the Y value has only been threatened in Pre-Issue dispute resolution process. And Y will not be identified till a defence is filed against a claim for X. Small claims or fast track claims? If total x+y is greater than 5k?

[@borntodoit8744]

Update : yes total value oof claim is both X+Y Plus: You can have a claim moved to another track if it is justified, no big reason needed

[@kingcobrauk]

I thought it looked like you were in a tea room maybe but not a cafe, why record in a cafe if it is not a stupid question?

[@RedwoodLegal]

Very limited time indeed to do these vlogs - and back then I just tried to do them when I could, and escape the office for peace and quiet and a lunch.

[@kingcobrauk]

Please lose the background music it's very hard to take in what you are taking about

[@RedwoodLegal]

It's unfortunately not possible as it was music played by the cafe.