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£70,000 Recovered for New Build Drainage Solicitor Negligence

Background: Incorrect Advice on Private Drainage and Road

Mr and Mrs J purchased a new build home in 2017. They were incorrectly advised that it had a shared private foul drainage system with a pumping station, which the developer would in due course finish to the required standard for the local water authority to then take over the same and a private road which the developer would also finish.

Impact: Developer Liquidation and Planning Enforcement

After completion, the developer went into liquidation, and a planning enforcement notice was served on Mr and Mrs J. As a result of this, their property was almost valueless. They then faced paying a significant bill, which was their contribution payment to fix the foul drainage system and make it compliant.

Outcome: £70,000 Compensation Secured

The solicitors failed to note and report that the entire foul drainage system had been constructed in breach of planning conditions. It was supposed to be adopted by the local water authority, and there should have been an Agreement and Bond in place to ensure this. They also failed to protect Mr and Mrs J’s interests in relation to the road, which had never been finished. As a consequence, we sought their full losses from Mr and Mrs J’s former solicitors and recovered over £70,000 for Mr and Mrs J, which was their contribution for the costs of the works to bring everything up to the required standard.

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