[2008]EWCH Civ 859, 24 July 2008. The case shows that thorough investigation is required before initiating costly litigation. A residential property developer?s scheme was delayed due to the perceived danger of bricks falling from the wall of an adjoining factory. The developer was granted an injunction requiring the wall owner to make repairs and remove the danger, but at the trial, the judge found that it had not been established that some of the brickwork had been dangerous, and that the owner was not liable for the damaged parts of the wall. Held: permission to appeal dismissed, together with the injunction. It was not enough for a claimant to show that he was frightened by a possible danger. What was required was proof that the fear was well-founded. The developer?s concerns about the danger were based on inadequate investigations, so there was no reason why the factory owner should be liable to pay for their mistaken diagnosis.