Archive for the ‘Injunctions’ Category

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 […]

It has long been thought that an adjoining owner could only request security from the building owner under s. 12(1) of the Party wall etc. Act 1996 (“the 1996 Act”) where works were being undertaken on or to the adjoining owner’s land. However, in a recent appeal from a third surveyors’ award in Kaye v […]

Two recent decisions of the High Court send a salutary message to developers who recklessly infringe the rights of others. The Right to an Injunction 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, a […]