[2002] EWCA Civil 1831, 19 December 2002. Appellant (A) owned the freehold of the ground floor of a property, of which respondent (S) owned the flying freehold of the upper floors. S had neglected to maintain her property to the extent that water leaked through the roof rendering masonry dangerous to occupants and passers-by. As no regulatory covenants existed between the parties, A obtained an injunctive order to gain access to S's property to carry out repairs. The order did not establish who was to bear the costs. A commenced proceedings in the County Court to recover costs from S on the grounds that S owed it a duty of care that entitled it to recover costs. County Court found for A but took into account S's financial means and apportioned cost payments at three quarters (A) and one quarter (S), which A appealed. "Held" appeal allowed. S accepted that she owed a duty of care to A and had a duty to make an appropriate contribution to the cost of the works as it was reasonable and just that the repair costs should be shared by both parties according to the proportion of the benefit that they receive. In this case each party should pay half the costs.