‘A Practical Guide to Running Housing Disrepair and Cavity Wall Claims’ by Andrew Mckie, Ian Skeate, Simon Redfearn
Published: June 2017
The Small Claims Track change for personal injury cases is likely to come into effect in October 2018. This book looks at other areas personal injury practitioners have begun to focus in, including housing disrepair and cavity wall claims, which may not be subject to fixed costs / small claims track costs.
Generally this book covers issues in relation to housing disrepair claims and cavity wall claims, and in particular focuses on the day-to-day issues in practice that one encounters with such cases including spotting the ‘winners’ and ‘losers’ quickly and efficiently, practical tips for investigation, litigation tactics, as well as a summary of the law, the important cases, and how to run these claims efficiently.
Cavity walls claims chapters cover the nature of the claim and technical background, relevant standards, who to sue, allegations of negligence and breach of duty, disclosure, remedies, expert evidence, causation, quantum and costs. The book also covers running the claims on DBAs and coverage of the Damages Based Agreement Regulations 2013.
The Housing Disrepair section covers the nature and technical background of these claims, who to sue, contractual and statutory rights, establishing breach of duty, expert evidence, causation, quantum and costs.
This is a book that any personal injury practitioner, looking to diversify into these areas, should not be without.
ABOUT THE AUTHORS
Andrew Mckie, Barrister at Clerksroom Manchester, is a specialist in claimant and defendant personal injury, travel and housing law practitioner. Andrew is also now co-owner of a Law Firm in Manchester, Barrister-Direct Limited, where he practices in personal injury, travel and housing law including housing disrepair and cavity wall claims.
Ian Skeate, Barrister joined Clerksroom in January 2010 after practising from St Johns Buildings, Manchester since 2003. He has particular expertise in Personal Injury, Professional Discipline and Regulation, Employment and Costs. Ian is based in Manchester but his practice extends throughout the country especially in London.
Simon Redfearn, originally a contracting Quantity Surveyor, moved into Insurance Loss adjusting with a buildings focus and oversaw the creation of a national building repair solution based upon agreed measured term rates that became the blueprint for how insurance repair networks operate to this day. He owned his own Insurance Building Repair Company that covered the North West of England. This company was involved in reinstating many damaged properties and notably were involved in the Carlisle floods of 2005, Hull floods of 2007 and Cumbria floods of 2010, for which they won an award from Lloyds Banking Group for their contribution. Simon became interested in Cavity Wall Insulation by accident whilst surveying a property following storm damage and embarked upon a learning journey that has ultimately led him to create the Cavity Clearance Association.
Chapter One – An Introduction to Housing Disrepair and Cavity Wall Claims – Andrew Mckie
Chapter Two – Housing Disrepair – Claims Under the Landlord and Tenant Act 1985 – Andrew Mckie
Chapter Three – Housing Disrepair- Personal Injury Claims and Disrepair Under the Defective Premises Act 1972 – Andrew Mckie
Chapter Four – Housing Disrepair: Taking Instructions, Pre Action Protocols, Expert Evidence and Disclosure – Andrew Mckie
Chapter Five – Housing Disrepair Claims: Causation, Remedies, Quantum and Costs Implications – Andrew Mckie
Chapter Six – Cases in Point, Litigation Issues, Limitation and Costs – Andrew Mckie
Chapter Seven – What Is a Cavity Wall – a Technical Explanation – Simon Redfearn
Chapter Eight – Cavity Wall Claims, Relevant Standards, Establishing Breach of Duty and Causation – Simon Redfearn
Chapter Nine – Cavity Wall Claims – Pre Action Protocols, Disclosure and Expert Evidence – Ian Skeate
Chapter Ten – Cavity Wall Claims – Remedies, Quantum and Costs – Ian Skeate
Chapter Eleven – Conclusions and the DBA Regulations 2013 – Andrew Mckie