My case

It was my choice to buy the property, however I could not do so without the funds or the proper legal advice.

Strange to now realise that I instructed a firm of solicitors to act on my behalf and engaged them on their terms and conditions when it was supposed to be my best interests that would be protected.

My lender instructed the same firm to ensure their interests were protected; the mortgage offer gave the solicitors the power and authority to withdraw the mortgage if anything was awry.

I paid the solicitors the money required to conduct the “searches”. They did a Local Authority Search, a Water Search and a couple of others.

I also paid the lenders fee for a valuation survey. The valuation came back as expected with one comment that it appeared that the property was not connected to a mains water supply and this should be further investigated. A copy of the valuation report in full was sent to the solicitor.

The Water search commissioned by the solicitor also came back confirming the property was not connected to the mains water supply.

The Local Authority search was returned to the solicitor with NO mention of a Private Water Supply.

The 1991 Private Water Industry Act makes it a Legal requirement for a private water supply to be registered with the Local Authority for public health.

DEFRA has a dedicated division called the Drinking Water Inspectorate; it is the DWI’s role to ensure Private Water Supplies comply with the legislation. 

They state “a private supply that provides water to multiple properties and in particular private supplies that provide a third party who then onwards supply MUST NOT be used until a risk assessment to public health has been carried out by the Local Authority. 

None of this was told to me by my solicitor.

A short while after the completion of my purchase, a local farmer who was in fact the intermediate supplier of the private water supply without warning terminated his onward distribution agreement with the Water Company and with the aid of a digger he ripped the infrastructure out of the ground. 

I spent thousands of pounds on renovating and improving the property from a new roof, a new bathroom and kitchen including completely replacing all of the pipe work.

Being left High and dry the only option I had was to install my own borehole for a water supply. My home was uninhabitable and I was still obliged to make my mortgage payments.

Had the supply been recorded with the Local Authority in accordance with the Law I would have had protection under Section 80 of the Act.

I believe my solicitor failed in his duty of care to properly advise me of or investigate satisfactorily the situation regarding private water supplies.

It would not have been possible for me to have purchased the property without a conveyance and I engaged a professional to ensure and advise me at all times in my best interests.

After advice I went to the Legal Ombudsman Service, with this complaint after a lengthy investigation and an objection regarding their involvement by the solicitor I was complaining about. The Legal Ombudsman agreed that I had received poor service from the solicitor but as it was a professional negligence complaint, as a lay organisation they were unable to award the appropriate level of compensation and recommended I pursue a claim in the civil courts. 

I am receiving "Universal Credit" and recovering from major surgery, This makes me eligible for Legal Aid, but Legal Aid does not cover professional negligence.

I have issued a claim in the Southampton County Court for rectification.

My Claim is for Professional Negligence and rectification following a defective conveyance, Relating to a private water supply that did not comply with the Private Water industry Act 1991.

The Defendant a firm of solicitors with several offices and many partners have appointed their insurers who in turn have appointed a major law firm and retained Counsel to defend the case, I have invited the Defendant and or his representatives to join me in ADR several time to no avail.

The Defendant has mentioned at a recent hearing that I have not pleaded in the alternative which is a procedure I do not understand.

I'm just an ordinary member of the public who employed and relied upon a professional and now am locked into litigation for which the Defendant is insured.

I could not find a solicitor willing to accept a CFA, nor could I find a solicitor under the Legal Aid Scheme for the assistance required to conclude my case.

This means Justice can be thwarted by the Defendant having the knowledge and resources to evade JUSTICE !

Hence I need help to bring my case t byo a conclusion and equally important is to ensure the legal profession understand that whilst 95% of properties in England and Wales have a mains water supply. Those living in rural communities, who make up the 5% with Private Water Supplies which are regulated and are NOT the same as Public Water Supplies.