Category Archives: Nuisance

Floods and expert evidence: Oldcorn v Southern Water Services Ltd

Oldcorn v Southern Water Services Ltd [2017] EWHC 62 TCC 

This case sets clear limits on the Marcic defence and confirms that where a sewerage undertaker’s owes a private law duty of care, it may not be able to rely upon the more limited Leakey “measured” duty of care.

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Filed under Causation, Duty of Care, Expert Evidence, Floods, Nuisance

2TG Damage Day 2016

Thanks to all those who attended 2TG’s Damage Day 2016. The day was a great success, with a record number of attendees.

A special thanks to the Hon. Mr Justice Coulson who delivered the keynote speech.

 Many thanks to our speakers:

  • Howard Palmer QC who spoke on the problems of causation in contract and negligence based property damages cases
  • Jessica van der Meer who spoke on knowledge of malfunction and attribution of knowledge in property damage cases
  • Sonia Nolten who spoke on the meaning of “reasonable opportunity to abate” in subsidence claims.
  • George Hilton who spoke on procedure & awards under the Party Wall Act 1996
  • Ben Hobby FCA, Dip CII, of RGL Forensics who provided the expert perspective on proving a loss of profits calculation
  • Daniel Crowley & Isabel Barter who spoke on expert evidence & the Ocensa Pipeline Group Litigation Action
  • Andrew Miller QC who spoke on the changing face of mediation in property damage claims.

You can catch some of the highlights of Damage Day 2016 on 2TG’s twitter account: @2TempleGardens

We look forward to seeing you at Damage Day 2017

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Filed under ADR, Breach of contract, Causation, Contribution, Duty of Care, Expert Evidence, Fires, Floods, Insurance, Limitation, Natural Disaster, Nuisance, Party Walls, Procedure

Voices Off: When can an absentee property owner be liable for somebody else’s nuisance?

The question before the Court of Appeal in Cocking v Eacott & Waring [2016] EWCA Civ 140 was whether an absentee property owner (Mrs Waring) could be liable in nuisance to the property’s next door neighbours (the Cockings) in respect of the nuisance emanating from the property caused by her daughter’s (Ms Eacott’s) noisy dog whilst Ms Eacott lived at the property.

On the facts of this case the answer was yes.  Continue reading

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Filed under Nuisance

I don’t give a rat’s a**: When nuisance and harassment affects property value

Raymond and Raymond v Young and Young [2015] EWCA Civ 456

This case was an appeal from an award of £155,000 against the Defendants by way of damages for the diminution in value of the Claimants’ property, as well as a further £20,000 for loss of amenity or distress, caused by acts of harassment and nuisance.

The Claimants owned a farm, Lin Cragg Farm (“LCF”) in Cumbria. Adjacent to the farm was the property owned by the Defendants. A Recorder had found that the Defendants and members of their family had been responsible for continuous acts of harassment, trespass and nuisance against the owners of the farm for almost 40 years.  Continue reading

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Filed under Nuisance