| Description | Fendick and Tomlin vs Chesterton Urban District Council
Claim made against the council by owners of 56 & 58 Histon Road (Mr Fendick and Mr Tomlin respectively) for damages to their property caused by the creation of sewers near their propery.
-Letter from E.J.Wallis, estate agent, stating that after calling on 58 Histon Road he found serious subsidence that the tenant has vacated the property owing to the fisures, Oct 1898
-Letter from C.W. Fendick owner of 56 Histon Road, informing the council of his intention to put in a claim for damage caused to his property since the last inpection by the council, Oct 1898 (2 copies)
-Mr J. Brooke-Little's (counsel of 1 Tanfield Court, Temple) opinion of the case. Includes copies of letters from the complainant and their agent about serious subsidence caused by the sewage works done by the council. The counsel is of the opinion the Public Authorities Protection Act 1893 will afford no protection to the council in this instance. Counsel advises on a compromise of the claim by getting the best estimation for the cost of damage done, 1898
-Draft copy of the above
-Report of Mr John Morley's (architect and surveyor) inspectionof no.56 and 58 (2 copies), Dec 1898
-Specification of work required to be done to reinstate no.58 Histon Road to the satisfaction of the owner Mr Tomlin. Contains detail of floor by floor works, Feb 1899
-Certificate of completion for work done on 58 Histon Road, Jul 1899.
-Letter from A.A.Walker solicitor for Mr Fendick stating that his client has instructed Mr Mullett, town surveyor, to make a survey and would the council be prepared to meet the matter fairly without recourse to arbitration. Aug 1899
-Letter from F.T.Mullet to A.A. Walker (copy sent to the district council), reporting the two houses are in a dilapidated condition. Both are sliding over the clay and that no.58 is 'going first and fastest and taking no.56 with it..the cause is palpable, in the manner of construction of the adjoining public sewer'. He suggests the proper remedy is to take them down and rebuild on firmer foundation. Sep 1899.
-Letter, no signature, to pass on message to Mr Walker that after examination of the houses, Mr Kerridge is of the opinion they need not be rebuilt but can be repaired, no date.
-Pencilled list of what Mr Kerridge can achieve with regards to building works, no date.
-Messrs Wright & Scooby Report on their inspection of no. 56 Histon Road. Report gives a brief description of the property and an estimated value and advises against on making structural repairs since it is bonded to the adjacent property. The bonding has contributed to the damage. Oct 1899.
-Letter from A.A. Walker, solicitor, who has been authorised to offer costs to sell the two properties - Mr Fendick's at £260 and Mr Tomlin's at £250, Oct 1899.
-Mr J. Brooke-Little's opinion of the case. The agreement and receipt signed by Mr Tomlin and the payment of agreed sums (£64 & £9) releases the council from all further claims by Mr Tomlin. The council is liable for the injury caused to Mr Fendick's house. The council would also be liable to Mr Tomlin if by pulling down no.58, it damages no.56. Legal advice to the council is to offer a definite sum to satisfy Mr Fendick's claim, Nov 1899.
-Draft appointment of arbitrator, John Morley (architect), by the council to determine the amount of compensation (if any) to be paid to Charles William Fendick of no.56 Histon Road by the council for the damage (if any) caused by the council and the construction of sewer and drain, Dec 1899.
-Sealed copy of the above
-Notice of the above
-Memo of evidence (Mr Bland's notes of interviews) in respect of no.58 Histon Road owned by Mr Tomlin, Dec 1899
-Mr Kerridge's report on the works necessary to repair the properties without the need to pull them down along with suggested amount for comoensation, Dec 1899
-Notice of suit made by John Tomlin to the Queen's Bench Division against the Chesterton Urban District Council for breach of contract, Dec 1899 (2 copies).
-Letter from Kerridge & Shaw confirming that work is being prepared to repair the houses and should not be expected to exceed £200, Dec 1899
-Notice of Charles William Fendick of no.56 Histon Road to appoint Mr Frederick Thomas Mullett (architect) to act as arbitrator, Dec 1899.
-Draft notice of an appointment of arbitrator made by the council based on one made earlier to Mr William Wilson, Eagle Tavern. Pencilled annotation and amendments made. No date.
-Another copy of the above. No date.
-A copy of the notice above without annotation.
-Letter from A.A.Walker on behalf of his client, Mr Fendick, in response to Mr Kerridge's specification of works and objections made by Mr Fendick, Jan 1900.
-Letter from A.A. Walker on behalf of his client, Mr Fendick, who remains concerned about the specification of works and feels there are serious defects which Mr Kerridge did not see. Suggests Mr Kerridge meet with Mr Fendick.
-Letter from A.A. Walker, on behalf of Mr Fendick, who has carefully considered the information and is not satisfied with the specification as he sees grave objections. Walker suggests some amendements to the specifications, Mar 1900.
-Typed letter from F.T.Mullett concerning the proposed works to 56 Histon Road and and his professional suggestions, Mar 1900
-Specification of works with annotations of change (most likely made at the suggestion of Mr Mullett), April 1900.
-Letter from Mr Kerridge in response to Mr Mullett's suggestion of a solid bulk of concrete in sewer trench, April 1900.
-Letter from A.A.Walker having not received notice of the commencement of work by the council, Aug 1900
-Letter from John D.Bland (council surveyor) giving notice of completion of 56 and 58 Histon Road, Nov 1900.
-Letter from John D. Bland (council surveyor) confirming the works enumerated in the schedule has been completed by Kerridge & Shaw to his satisfaction, Nov 1900.
-Letter from John D. Bland informing the council the owner of no.58, Mr Simons, has reported settlements appearing on his property and wishes to know the date of expiration of the council's liability and that of the builders, Sept 1901. |