Posts Tagged ‘Injunction’

Alternatives to party wall injunctions

If a building owner starts work without first serving the required notice under the Party Wall Act the adjoining owner can apply to the Court for an emergency injunction stopping the works. But party wall injunctions are not the only option. Where the building owner serves a notice and the adjoining owner does not agree to the works within 14 days then a "deemed" dispute arises (for example, under section 5 ...

Harrassment of adjoining owners and damages for trespass – Jones & Lovegrove v Ruth & Ruth

In July 2011 the Court of Appeal handed down its judgment in Jones & Lovegrove v Ruth & Ruth [2011] EWCA Civ 804. The case is interesting because it confirms that an errant building owner can be liable in substantial damages for harassment of their adjoining owner, and also provides some guidance on the principles to be applies when assessing damages for trespass to a party wall. The Claimants, mesdames Jones ...

Party walls & nuisance – Hirose Electrical v Peak Ingredients

In August 2011 the Court of Appeal decided the case of Hirose Electrical UK Limited v Peak Ingredients Limited [2011] EWCA Civ 987, and considered whether disrepair to a party wall could constitute a nuisance. The facts   Units 20 and 22 on the Crownhill Industrial Estate, Milton Keynes, were occupied by Peak Ingredients and Hirose Electrical respectively. They were separated by a party wall constructed in breeze block. That party ...

Consent, damages & trespass to a party wall – Seeff v Ho

The Court of Appeal recently considered in Seeff v Ho [2011] EWCA Civ 186 the nature of an alleged oral waiver of the obligations under the Party Wall etc. Act 1996, and the basis on which damages for trespass in breach of the 1996 Act are to be assessed. The facts   In 2006 Mr and Mrs Ho decided to build an extension and undertake other improvements to their house at ...