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Green Building Bible, Fourth Edition
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    • CommentAuthortony
    • CommentTimeSep 30th 2017
     
    +1 why don't we have simple common sense any more? Or any problem solving abilities
    • CommentAuthorMikeee5
    • CommentTimeSep 30th 2017 edited
     
    <blockquote><cite>Posted By: SteamyTea</cite>what happens if it makes little or no difference to the nuisance?</blockquote>

    As it stands I believe signing the Tomlin order will draw a line / finalise the current case and as said before my solicitor has said we are guided by the expert witnesses and the court will follow what they say. I totally agree with Peters comments but don't think my solicitor will be swayed from what has already been agreed. However , however, I wonder if there's a possibility of moving to a different solicitor to finalise the agreement. I'd be happy to pay for that if it gets the result I need. Does anyone know if that could be a possibility? Perhaps I have to stop with the same solicitor at this stage in the case.
    •  
      CommentAuthorSteamyTea
    • CommentTimeSep 30th 2017
     
    Change solicitor, get ones that understands the problem. I don't think your current one is doing you any favours.
  1.  
    Change solicitor - possible, is your solicitor funded by your insurance co.? in which case you will need their consent and approval of the new solicitor otherwise the insurance co. could use it as an excuse to dump the case. However there is nothing to stop you going to take advice from your own solicitor independently from the insurance co. funding.

    The problem as I see it is that as the Tomlin order will draw a line / finalise the current case if the experts proposal does not fix the problem then you are stuffed.

    You could ask the solicitor if they are prepared to guarantee that the proposed works that you are expected to sign up to will fix the problem. The solicitor can then also ask the expert to guarantee that his proposal will solve the problem. If neither will offer a guarantee of a fix then you should be asking the question "why should I agree to something before it is tried and tested when there is no guarantee / certainty that the problems will be solved"

    As an after thought - your neighbour is causing a problem to you that he has to solve or abate. Why do you have to agree to anything other than that problem has been solved or ceased.
    • CommentAuthorMikeee5
    • CommentTimeOct 1st 2017 edited
     
    I don't think there's any guarantees Peter, if I remember rightly the expert witness said that the changes should 'improve the situation'. I'm going to speak to the barrister that works for my insurers to see if the wording of the Tomlin order could be changed or have a trial period before we sign anything.
  2.  
    Perhaps you should also ask the barrister why you have to sign anything before the problem is fixed if there is no easy comeback (e.g. a guarantee) should the proposed works fail to resolve the problem.

    Chimneys can be fickle things with external factors having unpredictable consequences (hence the building regs caveats) so to me a trial solution with a 1m or 1.4m metal tube would seem the sensible option rather than demanding that you sign up to an untested design with no guarantee of success.

    Of course if a trial extension is undertaken you don't have to agree or approve that, the trial would be up to your neighbour to arrange and then act on the results.(Although you would need to be involved to monitor / measure the results).

    IMO you don't have to sign anything until the problem is solved - and even then in your place I would be waiting one heating season without problems before I signed off the problem as fixed.
    • CommentAuthortony
    • CommentTimeOct 1st 2017
     
    Landmark case so please be careful as results will have impacts in the future for others too.
  3.  
    +1 to everyone who says don't sign anything to say it's a satisfactory solution when you don't know if it is going to work.
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