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NORTHWEST LEGAL NEWS

Friday July 19 2019

Judges are starting to show consistency - says North West lawyer specialising in Cavity Wall Insulation claims




Judges are starting to show consistency - says North West lawyer specialising in Cavity Wall Insulation claims

The head of a North West law firm which specialises in helping people who’ve suffered as a result of faulty cavity wall insulation, says judges are starting to show consistency in their approach to these cases.

Mike Pilkington, director of Liverpool based Pilkington Shaw, was speaking after the company won its fifth case of this type at trial.

Mr Pilkington said:

“We believe there are thousands of householders across the UK who wrongly had cavity wall insulation fitted and this is just the tip of the iceberg.

“We welcome the acknowledgement by the courts that these properties were not suitable to receive cavity wall insulation and that the correct installation guidance was not followed.”

“We’re now beginning to see a level of consistency from judges in this type of case.

In the latest case, Denise Brown (Denise Brown v Millar Pattison) from Swansea in South Wales was awarded total damages of just under £17,000.

The court heard that after the insulation was installed in Mrs Brown’s home in 2010, she started to notice problems with damp and mould about 18 months later.

The defendant alleged that the house was fine to receive the insulation and that the install was done correctly, even though the drill pattern used did not accord with the insulation manufacturer’s own guidance, and the brickwork detail of the property made it unsuitable to have insulation due to the increased risk of water penetration. They also denied that any damage was as a result of the insulation and said that the claimant had issued proceedings out of time.

The judge disagreed and said of the defendant’s expert “I do not consider he can pick and choose which guidance to follow depending on whether or not it suits his case. That approach damages his credibility.”

Mrs Brown was awarded damages to extract the insulation and redecorate, and also damages for inconvenience and stress of over £11,000. Total damages were just under £17,000.

Pilkington Shaw’s specialist cavity wall department can be contacted on 0843 515 1158. For more information, visit: www.pilkingtonshaw.co.uk or email: info@pilkingtonshaw.co.uk.



"We believe there are thousands of householders across the UK who wrongly had cavity wall insulation fitted and this is just the tip of the iceberg."
Mike Pilkington, Director, Pilkington Shaw








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