This man's reputation is in tatters as his lawyers should have know better that a person participating in drugs on a regular basis will lose all credibility in a court of law,just poorly advised in my opinion by these overpaid money grabbing bastards that wanted a large slice of the cake.IMO
How do know this? Much more likely is that he was fully advised of the risks but decided to go ahead anyway. Giving overly optimistic advice on prospects isn’t worth it because it’s the quickest route to a professional negligence claim, a trashed reputation and the end of your practice. I’ve got a client at the moment who is throwing money at a case I’ve described as “arguable but unlikely to succeed”. It’s not defamation but it has two common factors with the Depp case - the parties hate each other and the claimant is American. I’ve got others. Weak cases which are fought to trial nearly always have at least one litigant who is acting out of principle rather than simply money and defamation cases are all about principle. My reading of this case is that Depp issued proceedings hoping that Heard would buckle under the pressure and The Sun would be forced to settle, but she stuck it out and Depp was too proud to discontinue and pay The Sun’s costs.
Objection...point taken,but we both know that most legal teams do NOT ever bang on about losing the case,more time is spent selling the idea & shinning a light down the tunnel for the clients guidance,no one ever mentions that huge yellow JCB just waiting to push you over the mountain face at the other end,if they did i'd expect most practices tobe closed overnight. As for JD he's deserves a good financial raping as no man should beat up a defenceless woman. Back to the OP,commonsense is the name of the game from day one with any bad boy neighbours on this matter,sitting down and discussing your neighbours requirements and most importantly YOURS.Insisting on them employing / paying for a structural surveyor and producing a comprehensive detailed report on any works to be carried out.This should avoid any but not guarenteed unpleasantries and unnecessary expenses down line.
No. We don’t know that. Just the opposite in fact. Most lawyers I know, including myself, are actually overly cautious as opposed to being gung ho. It’s simply not worth it because disgruntled clients will complain and they will sue. You give frank advice and if the client still decides to go ahead regardless of that advice, you get them to sign an endorsement. Don’t believe everything you see on tv!
Long story short, while I can get him in trouble for other stuff and make him do a few bits not fence releated I can't make him move the fence unless I go to court off my own back.
Up the creek without the paddle then unless of course you want to flex or max out the credit card,chalk it up to life's experiences and maybe move on.?
Effectively your case seems to indicate it is a matter of trespass on your land....civil action is likely to be costly and if you lost you could end paying his costs as well. You could try asking your solicitors if you can examine the deeds to your property (if that is who holds them) and look at the conveyance plan for anything obvious relating to the boundary. There may also be a property purchase questionnaire with the deeds which would normally say who is responsible for maintaining the boundary and if it has been moved at any time. If you are responsible, he does not have the right to move it. Also check out your house insurance policies to see if you have a legal assistance facility....sometimes a simple letter from a lawyer is enough to resolve the matter. AL
One thing to remember if you are planning on selling in the future. You must inform the buyers of any disputes or legal action with neighbours. This is why it's better to try and keep it civil until you can. PS My brother in Law is a barrister specialising in building and civil engineering cases, he said he seen clients spend tens of thousands on legal actions which could have probably been resolved before tempers were lost and egos let loose.
