Q A couple of weeks ago my car was hit with a lump of wood.
It was children and they are not being charged. My own children were in the car and were terrified. The police are unwilling to give us names so I can get in touch with the parents of those who did it and sue them or at least tell them what’s been happening.
A The police are not obliged to give you this information. You would be entitled to write to the Reporter to the Children’s Panel (www.scra.gov.uk) who take the cases of children who are to be brought to the Panel, in case they see fit to look into it. You can also contact your local authority to see if they are prepared to take action by way of an ASBO, a dispersal order and/or parenting orders against the parents of the children. But all of these will involve you in a huge amount of hassle with unlikely prospects of success. You might want to count to 10 and put it down to experience.
Neighbour fence woes
Q My neighbour has just erected a terrible-looking fence on our back garden boundary, without asking me. We both are owners and I can’t see anything in our title deeds about the right to build a fence or wall or whatever between us.
A As long as it is less than six feet high, your neighbour can erect a fence within their own boundaries (it would be a different case if it straddles your side too, though) without planning permission or your agreement. But they are not entitled to step on to your property without your consent either to build it or to maintain it.
Partner is facing court
Q My partner was violent to me in our home a couple of months ago. He is being prosecuted and a court hearing is coming up. I wanted him out of the house at the time, but now we are reconciled and I don’t want the case against him to go on and I certainly don’t want to stand up in court to give evidence.
A Once the police pass the case on to the Procurator Fiscal, it is the fiscal’s sole decision as to whether the case goes ahead. Prosecution in our law is done in the public interest, and not on your personal behalf, so you don’t have the right either to stop it or indeed to change the fiscal’s mind if a prosecution does not proceed. You now have the status of a witness, and MUST come to court and speak up if cited by the fiscal. I suggest you write to the fiscal’s office and state your position so they can use their discretion. But they are often reluctant to drop cases as that can send the wrong message to abusive partners.
Holiday insurance claim
Q I went on holiday and collapsed. My insurance has refused my claim for the costs of medical care and the flight home, saying I did not tell them about previous heart problems. Surely that’s not relevant? The doctors said it had no bearing on my condition.
A Insurance policies have special rules, so you must reply to ALL questions asked in the proposal form, especially medical history ones. Notoriously, people sign travel insurance forms without reading them. That’s a bad policy!
- Do you have a legal problem? Write to Austin at Evening Times Features, 200 Renfield Street, Glasgow G2 3QB or e-mail him at news@eveningtimes.co.uk (putting Austin Lafferty in the subject field).
It’s the Law, by Austin Lafferty (Tottel, £9.99) is now on sale.
