Posts Tagged ‘Shelfer’

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 ...

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), ...