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Original poster

Neighbour taking friend to court

314 replies

Clappingforjoy · 17/01/2020 10:30

My friend had a fire in his garden last April and it caused damage to some neighbouring gardens especially the one neighbour. My friend didn't and still doesnt know how it started so that remains a mystery and the fire brigade could only say that it started in our garden but they didnt know how.
Now several months later we have been made aware that the neighbour that suffered the most damage is taking him to court and is getting all the others on his side and got witness statements off them and gave them to his solicitor to say my friend was burning rubbish the day before he denies this and says the only thing he did was get a weed burner out from his shed st the side of the house and take it to the front garden to burn weeds then he put it back ensuring it was out.
After this he went out and on arriving home abt an hour later the fire had already started way at the bottom of the garden far from the side shed.
His son was there and had noticed the fire from his bedroom window and had already called the fire brigade.
All neighbours have since few months ago had all repairs done so I can only think they are claiming for thier excess.
What should he do friend is dismissing saying he is totally innocent and despite the fact he has a burner he hadnt used it for several weeks but claims he has smelt burning before from somebody else's garden in the past and there is no proof of anything except probably some made up statements from neighbours trying to get money.

OP posts:
Original poster
Clappingforjoy · 17/01/2020 11:06

I dont like to see somebody financially ruined it can be quite damaging to a person's wellbeing you must know what I mean.

OP posts:
thecatfromjapan · 17/01/2020 11:06

By the way, I lost my home, years ago, when a fire started in the flat across from mine.

It was started by a cigarette that hadn't quite been extinguished, over 12 hours before the fire 'broke out'.

And it was extraordinary: obviously really slow-burning and undetectable for hours and hours - and then devastating.

Fires are pretty extraordinary - and the fire service are very good at identifying cause, even when it's not immediately evident to lay-people.

GiveHerHellFromUs · 17/01/2020 11:06

Do you know what else is damaging to someone's wellbeing? Having to go to court and having months of stress and expense because of someone else's mistake.

Stressedout10 · 17/01/2020 11:07

What a prat of a man ofcourse he is responsible for the damage caused to his neighbours house.
The fire report squarely places the blame on him otherwise it would have said arson or an act of God. Since it doesn't and states that the fire clearly started in your exs garden, he pays for the damage

AnchorDownDeepBreath · 17/01/2020 11:07

It has been explained over and over again to this neighbour that he doesnt know how it started but he isnt having it.

It doesn't matter that they don't know how the fire started. The fire brigade have given a statement that it started in your exes garden, and that means your ex is going to be found liable for the costs relating to damage from the fire. On a balance of probabilities, the court will find that he has a weed burner and a bin burner and used the weed burner on the day that the fire started. It is likely that this contributed to a fire starting. This is even more likely given that the neighbour has witness statements.

Is this how it works then despite him not causing the fire because it's like a fire starting in a forest sometimes its a freak of nature

Generally, fires don't start entirely by themselves. Even the Australian bushfires are started by something - lightning striking dry forests, etc. But it takes months of drought and specific weather conditions, which do not occur in England. This will not be ruled as an act of god or a freak occurrence.

Has your ex had legal advice from his insurance?

Original poster
Clappingforjoy · 17/01/2020 11:08

Well the neighbour is going on abt his bin burner and isnt saying anything abt the weedburner

OP posts:
GiveHerHellFromUs · 17/01/2020 11:08

It's not the neighbours responsibility to decide which of your burners caused the fire...

thecatfromjapan · 17/01/2020 11:09

I love MN. 😁

Original poster
Clappingforjoy · 17/01/2020 11:11

It was a hot day maybe the sun was beaming onto a solar panel or the shed glass would this make him responsible

OP posts:
Therunecaster · 17/01/2020 11:11

I love this thread 😁

misspiggy19 · 17/01/2020 11:11

It doesn't matter that they don't know how the fire started. The fire brigade have given a statement that it started in your exes garden, and that means your ex is going to be found liable for the costs relating to damage from the fire.

^This.

Stressedout10 · 17/01/2020 11:12

Yes

Original poster
Clappingforjoy · 17/01/2020 11:13

Next door had solar lights hanging over the adjoining fence

OP posts:
ProfessorSlocombe · 17/01/2020 11:14

I dont like to see somebody financially ruined it can be quite damaging to a person's wellbeing you must know what I mean.

Whilst I would agree with you there, I'd hate even more to think our laws and courts are simply popularity polls between needy whiney contestants.

Cutting through the waffle (and boy is there some) this seems to be a simple claim for damages between two parties. Life's too short to re-read all this, but I didn't see an amount stated Hmm ? Either way, if a court date is set, that's pretty much it, unless the defendant offers to settle now. When it's in the court, both sides will be free to provide the details (hopefully previously put into correspondence) and the magistrate will decide where the blame - and thus any restitution - lies.

There really isn't much more to do at this stage.

bumblingbovine49 · 17/01/2020 11:14

God this place has become a nightmare. Op I am sorry you are getting a hard time. I believe that he didn't start the fire and it is fine to be worried about someone you care about, even if they are an ex (against all MN wisdom Hmm) . If you are using a weed burner in the front garden and the fire starts in the back, obviously the fire wasn't caused by that. Unfortunately it is only his word for it and people end up paying a price for things they didn't do all the time. He needs legal advice

LokiDoki75 · 17/01/2020 11:14

If the weed burner was still hot it could have caused a fire after it had been turned off and put away. However it doesn't matter whether he knows how it started or not, whether he did it on purpose or not, whether it was Elvis, Aliens or freak act of nature, it was on his property therefore he is liable and he needs to speak to his insurance company!

74NewStreet · 17/01/2020 11:14

It’ll be related to him burning rubbish, op, not a freak of nature 🤣🤣🤣

Original poster
Clappingforjoy · 17/01/2020 11:15

Maybe embers came from another neighbours fire
None of us smoked at the time yet a fag end was found by ex in the rubble

OP posts:
Original poster
Clappingforjoy · 17/01/2020 11:16

Neighbour opposite is always out fagging it although usually near thier house so I dont know what to think

OP posts:
thecatfromjapan · 17/01/2020 11:16

Well, your ex can come up with all his theories in court.

And I'm sure that will go down really well.

And then the Fire Brigade statement will be presented.

And then it will be resolved.

(Is it wrong to want to attend this?)

dontgobaconmyheart · 17/01/2020 11:17

If your 'friend's were that worried OP he could have accepted responsibility and used his own insurance and avoided this stress entirely. If he chose to be irresponsible enough to not have that in place, or was burning waste in his own garden without a decent knowledge of potential issues then really he is asking for trouble. Fires do not randomly start in gardens in this country and I suspect you're being lied to as part of his desperation to avoid responsibility. The story being churned out makes no sense and sticking to it will only be embarrassing, he will be paying out regardless and making life miserable by falling out with neighbours in the process. The whole thing is daft and reflects poorly on your friends honesty and responsibility.

He's an adult OP, a solicitor can advise him and he will have to get on with it and take the life lesson. It's not for you to deal with or to rescue him from.

Justcallmebebes · 17/01/2020 11:18

First point of call should be to his insurers. If he has home owners insurance, any liability to his neighbours should be met buy his insurers. It's quite straightforward

thecatfromjapan · 17/01/2020 11:18

Actually, I think your ex should represent himself.

And you should sell tickets.

yellowallpaper · 17/01/2020 11:19

If he has any sense he will let his home insurance cover their excesses. I am sure the court will not find in his favour as on the balance of probabilities they fire started in his garden by his accidental action. Spontaneous combustion is unlikely. He'll end up with the claimants court costs if he doesn't settle and that may end up even more expensive

Beautiful3 · 17/01/2020 11:19

If the fire started in your garden, then spread to neighbours gardens damaging them, then you are liable and should pay out.