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Case Study

“Without your professional approach,” says Iraj Elghanian, Managing Director of Welby Ltd, “it was impossible to achieve £173,000.00 from the original offer of £5000.00 to Welby Ltd.” This case study shows how we turned around a subsidence claim from a ‘consolation’ payment to a full settlement of the cost of the underpinning and reinstatement works.

Mr Elghanian had purchased the property in North London from administrators with the benefit of an ongoing claim for subsidence. The insurers, Norwich Union, had their loss adjusters in place and a substantial claim was being resisted. When we first met Mr Elghanian in 2004, he was struggling with loss adjusters to agree a suitable schedule of works. Subsidence claims are prone to being long and drawn out, and this case was no exception.

On our client's behalf, we obtained independent reports from structural engineers in an effort to prove the extent and cause of the damage. Originally, the insurance company had suggested that the cause was a privet hedge that had grown up around the front bay of the property. Our reports showed differently, and it was proven that a plane tree on the front pavement, belonging to the local authority, was the cause. It was proven that the party wall had subsided, and that our clients were to be reimbursed for the full cost of the works they had to undertake.

The claim took four years to conclude, however we persevered with our negotiations through this time to ensure the best possible settlement for our client. Our client's letter of satisfaction, although short, speaks for itself:

Dear Samuel

Thank you for your letter of 21-08-08 and please accept my heartiest appreciation towards your hard work of 4 years to bring this matter to a satisfactory conclusion.

Without your professional approach, great help, assistance from Neil Goodman and others involved, it was impossible to achieve £173,000.00 from the original offer of £5000.00 to Welby Ltd and the £500.00 offer to the original owner "The Old Lady" from Norwich Union.

I am so pleased to be able to close the file after 4 years.

Yours sincerely


Iraj Elghanian
Welby Ltd

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