Property cases

This appeal raises a number of points in connection with the law of private nuisance, a common law tort. While the law also recognises public nuisance, a common law offence, this appeal is only concerned with private nuisance, so all references hereafter to nuisance are to private nuisance. It should also be mentioned at the outset that the type of nuisance alleged in this case is nuisance in the sense of personal discomfort, in particular nuisance by noise, as opposed to actual injury to the claimant’s property (such as discharge of noxious material or removal of support).

Breaches of dilapidations pre-action protocol considered by court in claim by landlord agaisnt tenant for indemnity costs.

Solicitors negligent for advice on Lease Guarantees but not liable for losses suffered due to Claimants’ financing arrangements.

Entitlement to a specific performance remedy survives a company’s administration.

Dilapidations claims can be based on the cost of different works.

Parties need to better protect themselves against lease renewal costs.

“T” marks on a plan are not necessarily indicative of boundary ownership.

Ensure important representations are confirmed in writing.

A party can be severely penalised for failing to engage in alternative dispute resolution.

Law cases can highlight surprising old laws that still apply.