alt.uk.law

"Larken" wrote in message
news:Xns9975836995F17larken@ ...
>>>> So why sue him? Did he owe you money?
>>>>
>>> First things first thanks for your input
>>>
>>> In a wind his tree fell over and damaged my fence.
>>> He said it was act of G-d, I said it was an act of his tree.
>>> Silly init
>>
>> That sounds like a perverse decision unless you had shown the court
>> that the tree fell over on account of his negligent actions or
>> inactions.
>>
>> Tony
>
>
> My apolgies ... but whose decision was perverse.
> Mine for sueing due to his tree damaging my property?
> Sorry if I'm appearing thick
> MichaelR
>

Events caused by weather are generally "Acts of God" for which no individual
or organisation is responsible. Of course you can insure against such
perils and have a contractual right to compensation, but unless the damage
to your property occurs due to some gross negligence by another ( . not
securing loose slates and then one falls on you / your car) then an
unanticipated act of god, such as a tree blowing over, can not be cause for
action.

You say that "My next door neighbour is a serial litigant" whereas it is you
that has brought an ill founded case - if the cap fits...