James Nieto

Property Damage

James is keen to continue to develop his growing and busy property damage practice. James has experience in a range of property damage cases including damage by flood, fire and sewage. James also has experience in tree root damage and subsidence matters.

James has a strong paper practice and is regularly instructed by Claimants and Defendants to provide advice and drafting in property damage cases both in residential and commercial contexts, usually with values in excess of £100k. James has been instructed to appear in property damage matters on behalf of Claimants and Defendants including instructions to appear at interlocutory applications, CCMC and trial. James also has experience in dealing with experts in property damage claims.

James has overlapping experience with product liability cases, including Consumer Protection Act 1987 matters and has been instructed by both Claimants and Defendants to draft and advise in such matters.

James has also delivered training in respect of subrogated loss claims.

Recent instructions include:

HH v PP: James acted for the Claimant via their Insurer in this case involving substantial damage to their property following the ingress of foul water from a blocked sewer. There was also consideration of maintenance of pipes and tree roots.  James provided advice on prospects and conducted a conference with an expert in respect of this case.

VV v CC: James acted for the Claimant via their Insurer in this unusual case involving the loss of two safes containing valuable items during extensive renovations to a Church following a fire. James provided advice on this matter which involved consideration of extensive documentation as well as principles of bailment and conversion.

KK v QQ: James provided advice on behalf of the Claimant via their Insurer in respect of an escape of water claim caused by a defective boiler. James also drafted the pleadings in this matter.

BB v RR: James advised on behalf of the Claimant via their Insurer in respect of a high value subrogated loss claim in respect of commercial premises that sustained substantial damage caused by fire.

EE v WW: James advised on behalf of the Claimant via their insurer in respect of a claim for property damage arising from escape of water during a building project. This also involved consideration of the Civil Liability (Contribution) Act 1978 and liability of subcontractors.

DD v JJ: James provided advice and drafting of particulars of claim on behalf of the Claimant in respect of damage suffered to their commercial premises caused by a vehicle which drove into it.

LL v SS: James provided extensive advice, drafted pleadings and appeared on behalf of the Claimant in this claim for damage and loss of personal property left at the Defendant’s premises. The claim involved consideration of bailment and conversion as well as consideration as to the valuation of a wide range of items and expert evidence.

AA v XX: James provided extensive advice on contribution claims and strategy and appeared at CCMC on behalf of a Third Party/Defendant in a claim arising from damage sustained during a renovation project.