Right to Light no win no fee

LAB5300

I live on a terrace built in 1908 and the land behind which just had single storey garages on it has been bought by developers who have got planning permission for a 10 storey block of flats. I have been approached by a no win no fee company who say I can take the developer to court for compension for my loss of light which will be high. As the developers have only just cleared the land and not started building my light has not yet me affected but the no win no fee company want me to sign up now saying I only have 12 months to take court action. I feel I am being rushed, surely I cant take action until the building has started which will be sometime next year. Does anyone have any experie ce of this and if I should sig  up now (a neighbour has already signed) or wait until the construction has started?

unforeseen

I assume that this company has been on to your property and taken measurements to work out whether your right to light has been affected? 

Thought not. They may say no win no fee but I bet you have to pay them something before they'll even scratch their butt. 
They are chancers, no different to other no win no fee companies that tout for business. 

LAB5300

They seem to be a company who are acting on behalf of solicitors. They have given my neighbour an extensive contract to sign. It includes mention of an insurance to be taken out so any loses the solicitor faces are covered in the case of not winning. It's so extensive you almost need an other solicitor to go over it before you sign. They have sent a surveyor round to my neighbour who will calculate the loss of light. The developers own day light report acknowledge we will lose daylight but not to the extent the no win no fee guys predict. I know I have a claim but an serious I'll end up with any award going in fees or even end up owing the solicitor most of the award. Anyone had a similar experience?

Bricks

I'm in a similar position - high rise development planned nearby, and approached by one of these no win no fee companies.

Also wondering, has anyone had any experience of this?

sheramber

Yes. They will take their fees from any payout.  How much payout are they tempting you with?

Also, once you sign up, if you withdraw , you will be charged for  any work done up that date, no matter how long the case takes to  finalise. So you could be tied to them for years. 

If you do not understand the contract offered you should take  your own legal advice  before signing anything. 

saajan_12

No idea on the liklihood of a successful claim. However re the NWNF contract, I'd make sure you first understand 
* what the expectation on you is (eg if the case takes 4 years, will you have to cooperate for that long?)
* what the penalty is if you withdraw involvement?
* what the fee is if you do win (eg is it a % of the win or is there a fixed minimum amount which could eat up most of the payout?)

silvercar

Check your house insurance to see if you have legal cover. It may be that you can take action at no cost. Did the proposed flats go through planning? Were you notified officially by the council of the plans? 

Gentoo365

The concern I would have is whether the developer would just have paid the compensation anyway and this firm is just sending template letters and claiming a large proportion of any compensation to do so.

This would also explain why the solicitor is willing to do this. The cost to them of sending a few letters is small. They may do the same for every development. Send hundreds of letters and take a % of any compensation.

They may even ask for some trivial amount knowing the developer may just pay to ensure no further legal claims. Then you suddenly find you have settled for some percentage of a small amount and lost your right to future claims.  For the solicitors, if they get enough people signed up it may be worth a lot, but for individuals barely anything.

You could just write to the developer yourself if there really was a legal claim.

Anyway just some thoughts to be honest. I didn't even know 'right to light' is a thing outside some specific properties in London.

DullGreyGuy

LAB5300 said:

I live on a terrace built in 1908 and the land behind which just had single storey garages on it has been bought by developers who have got planning permission for a 10 storey block of flats. I have been approached by a no win no fee company who say I can take the developer to court for compension for my loss of light which will be high. As the developers have only just cleared the land and not started building my light has not yet me affected but the no win no fee company want me to sign up now saying I only have 12 months to take court action. I feel I am being rushed, surely I cant take action until the building has started which will be sometime next year. Does anyone have any experie ce of this and if I should sig  up now (a neighbour has already signed) or wait until the construction has started?

Be aware there are multiple forms of "no win, no fee", in some you can end up owing the solicitors more than any damages you may receive. Note also that the "no fee" only actually applies if you lose, if you decide to withdraw then the ATE Insurance is void and you are on the hook for the solicitors fees to date. 

"Loss of light" is not something I have any experience in however I dont know any area that has a 12 month law of limitations, everything is measured in years not a year (contract is 6 years, injury 3 years etc). 

These are lead generators, they cold call to generate leads to sell to factory law firms who make as most their money from those that cancel mid process than anything. Maybe spend some time looking at more neutral sites, the Royal Institute of Chartered Surveyors have various articles like https://www.rics.org/news-insights/let-there-be-light-new-guidance-for-homeowners-left-in-the-shadows 

silvercar

https://www.rics.org/news-insights/let-there-be-light-new-guidance-for-homeowners-left-in-the-shadows

DullGreyGuy

silvercar said:

https://www.rics.org/news-insights/let-there-be-light-new-guidance-for-homeowners-left-in-the-shadows

There's an echo