finding a solicitor that does NOT do work for local authorities

Irish Steve

I need to find a solicitor to get some advice on our options relating to some long standing flooding issues, but the vast majority of solicitors in this area do work on behalf of that same local authority, so there is likely to be a conflict of interest for the solicitor, they're not likely to want to take on work that could put them against a client that spends significant sums on a regular basis

So, how do I set about finding someone that won't be conflicted?

Dozer Dave

I would invest my time and money in solving your flooding issues instead.

Irish Steve

Dozer Dave wrote: »

I would invest my time and money in solving your flooding issues instead.

I have, lots of both, to the detriment of other areas of life, but the underlying problem is directly in the control of the local authority, so they have to be involved in fixing it, and after 12 years and 2 significant flood events, I have become tired of trying to get their attention, so the strategy has to change.

the_syco

Are the local authorities the cause of the flooding, or who is? Perhaps go after the cause, rather than someone you perceive is not doing something to sort out the issue. If the cause is the local authority, have you checked if your local TD can help you out? Palm pumping still gets things done in Ireland, I'm sad to say.

Dozer Dave

Are you living in a flood plain?

Irish Steve

Combination of the LA and (now with the recent changes) Irish Water. Things like a sewer built over a storm water channel that restricts the free flow, and backs the stream/river up on our site, and storm drains that discharge into a channel that's not large enough to cope with the flow.

I can't afford to spend any more significant money on solving this, and the LA has made the problem worse by the developments they've allowed upstream of us, so yes, they are the problem.

Irish Steve

Dozer Dave wrote: »

Are you living in a flood plain?

Not as such, the issues that are causing our problems are man made

Ken.

Find your local politicians office and make yourself a nuisance.Call,ring,email. Election next year and their desperate for votes.

Pat Mustard

Irish Steve wrote: »

the vast majority of solicitors in this area do work on behalf of that same local authority,

Local authorities have their own legal departments and employ their own solicitors. Although it may be the case that other solicitors have handled certain matters on behalf of certain local authorities, it does not make sense to say that 'the vast majority of solicitors' in your area could possibly work on behalf of the local authority.

You could approach any solicitor and he/she would tell you if a conflict of interest situation would arise.

godtabh

Irish Steve wrote: »

Combination of the LA and (now with the recent changes) Irish Water. Things like a sewer built over a storm water channel that restricts the free flow, and backs the stream/river up on our site, and storm drains that discharge into a channel that's not large enough to cope with the flow.

I can't afford to spend any more significant money on solving this, and the LA has made the problem worse by the developments they've allowed upstream of us, so yes, they are the problem.

When was the development granted planning?

coylemj

I bet that local authority is forever defending negligence claims arising from 'accidents', what solicitors do those people use to sue the council?

Miaireland

I used to work in a Local Authority and the majority of the Law issues were dealt with inhouse or else with one Law Firm. Most Law Firms do not work for Local Authorities so it should not be hard to find one that doesn't.

Irish Steve

godtabh wrote: »

When was the development granted planning?

Late 80's. built early 90, problems with flooding in 2000, 2002 and 2014, despite regular letters and requests for action, they've done nothing to prevent a repeat of the 2002 flood, and made things worse by allowing changes in land use upstream, which now mean more flow than used to be the case.

There are letters going back to 2002 about the problems, most of which have been ignored, and objections/representations to planning and An Bord Pleanala about the consequences of allowing new development, which have now been borne out by events last November.

There are also some other issues relating to planning, but I suspect that the absence of appropriate enforcement at the time (1990) is now beyond statute of limitation times, the LA were made aware of an issue that they did nothing about at the time, relating to the finished ground levels on different estates.

godtabh

Irish Steve wrote: »

Late 80's. built early 90, problems with flooding in 2000, 2002 and 2014, despite regular letters and requests for action, they've done nothing to prevent a repeat of the 2002 flood, and made things worse by allowing changes in land use upstream, which now mean more flow than used to be the case.

There are letters going back to 2002 about the problems, most of which have been ignored, and objections/representations to planning and An Bord Pleanala about the consequences of allowing new development, which have now been borne out by events last November.

There are also some other issues relating to planning, but I suspect that the absence of appropriate enforcement at the time (1990) is now beyond statute of limitation times, the LA were made aware of an issue that they did nothing about at the time, relating to the finished ground levels on different estates.

If changes of use upstream have been permitted in the last 5 years an FRA would have been required. Have you reviewed that?

TBH all they are going to say is we dont have funding tough ****. My adivce would be to go after who ever built upstream assuming they haven't constructed in accordance to the planning guidelines/best practice.