I started a court case to recover a cost share of a fence from the neighbour, who refused to pay . I am self represented. The neighbour ( who is represented by a lawyer ) counterclaimed, saying my retaining wall was defective and should be repaired/replaced.
I obtained an engineers report that found that the retaining wall was defective because the neighbour had undermined it with his house development.
My question is, should I update my initial statement of claim to include the repair of the retaining wall , now I have proof it was the neighbours' fault?
Or should I leave it as is in the hope that , if i win, I could still seek the cost of the retaining wall repair from the neighbour?
If I do update my initial statement of claim ,do I open myself up to a "thrown away " cost claim from the neighbour?
I obtained an engineers report that found that the retaining wall was defective because the neighbour had undermined it with his house development.
My question is, should I update my initial statement of claim to include the repair of the retaining wall , now I have proof it was the neighbours' fault?
Or should I leave it as is in the hope that , if i win, I could still seek the cost of the retaining wall repair from the neighbour?
If I do update my initial statement of claim ,do I open myself up to a "thrown away " cost claim from the neighbour?