Builder Damaged Neighbours Property - Who Is Liable

[Softus]

Under UK law...

Do you mean "English Law"?

...the burden of proof falls to the claimant (neighbour). He/she must prove/bring evidence which demonstrates beyond reasonable doubt that the defendant (builder) caused the damage that the neighbour claims.

Not quite - a civil court will give due consideration to the likelihood, or unlikelihood, that someone will create a claim out of nothing.

Essentially, all the defendant has to do is say 'didn't do it'. It's down to the neighbour to prove that he did.

Not quite - a civil court will consider the balance of probabilities, which will include the fact that the builder has offered some compensation in form of replacing roof panels.

Basically, the only way the neighbour can successfully win the case in court is if he/she has pics taken of the garage at the start of your build that show no damage and pics of the supposed damage as well as proof that the builder caused the damage.

This is close to the border of being utter nonsense. Pictures help, but are not the be and end all.

pbar - my advice to you is to stay well out of it. If the neighbour were honourable, or even a friend, then you might consider making him on offer in order to keep the peace, but he sounds like a right sh*t, and the builder is the one who's been negligent, not you.

 

[pbar]

pbar - my advice to you is to stay well out of it. If the neighbour were honourable, or even a friend, then you might consider making him on offer in order to keep the peace, but he sounds like a right sh*t, and the builder is the one who's been negligent, not you.

That's a very astute post and a very reasonable assumption.
And very sound advice which I will heed.
Thanks for the post and advice.