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we flooded neighbours advice please...

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Comments

  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have a look in your Home Insurance Policy, most include free legal advice via a phone call
  • rs65
    rs65 Posts: 5,682 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    I am in Scotland not England does this still apply?

    Probably not

    http://en.wikipedia.org/wiki/Rylands_v_Fletcher#Scotland

    the principle in Scotland was that "negligence is still the ground of liability.
    ....
    Lord Fraser, as part of his judgment, stated that the idea of strict liability that was brought into play by Rylands was not a part of Scots law, and the idea that it ever had been valid was "a heresy that ought to be extirpated
  • Mungo76
    Mungo76 Posts: 77 Forumite
    There's no negligence here so you have no liability. As for the neighbour suing you personally, that's what your liability to others section covers ( usually occupiers liability in the contents section) , so should you receive something from the courts, just pass it to them, that's what you pay them for. Rylands is such a tricky piece of case law when it comes to domestic cases. Any solicitor would have to have a pretty good barrister behind them before throwing that around.
    The moral issue of how if you want to help is a different matter. Moral and legal are 2 different entities.
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