Posts Tagged ‘Injunctions’

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 ...

Party Wall Injunctions & Costs – Nelson’s Yard Management Co v Eziefula

The Court of Appeal recently gave judgment in Nelson's Yard Management Co v Eziefula [2013] EWCA Civ 235, a case concerning whether the defendant should bear the costs of an aborted application for an injunction for breach of the Party Wall etc. Act 1996. Background Nelson's Yard Management Company ("Nelson's") is the freehold owner of 1 – 10 Nelson's Yard, Camden. The Defendant, Mr ...

Party walls, injunctions and exemplary damages

Two recent decisions of the High Court send a salutary message to developers who recklessly infringe the property rights of others, and confirms that flagrant disregard for those rights will usually result in an injunction being issued. In HKRUK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch) The developer, a subsidiary of commercial property fund Highcross, undertook a development which included refurbishment of Toronto Square (pictured), ...