Younger v. Molesworth and another [electronic resource]
Younger v. Molesworth and another [electronic resource]
- 2006
[2006] EWHC 3088 (QB), 7 December 2006. The appellant, Younger, appealed against the summary dismissal of his claim against the second respondent and a refusal to allow him to amend his particulars. Younger and Bellward were neighbours whose homes were adjoined and part of Bellward's property abutted the rear wall of that of Younger. There had been water ingress into Younger's property and he had brought proceedings alleging, in the main, that the damage had been caused by trees that had been planted on Bellward's property close to the boundary by a previous owner. Younger had also alleged that the damage had been caused by drains that ran from Bellward's property and had become clogged. Following a joint expert report, which exonerated the trees from blame and attributed much of the damage to a lack of maintenance of Younger's property, Bellward successfully sought summary judgment. Younger's application to amend the particulars, on the basis that inadequate construction and maintenance of the drain on Bellward's part constituted a nuisance, was refused. "Held": the appeal was allowed as it was decided that the judge had determined his conclusions on an inadequate basis.
YOUNGER V MOLESWORTH AND ANOTHER
England--886-
[2006] EWHC 3088 (QB), 7 December 2006. The appellant, Younger, appealed against the summary dismissal of his claim against the second respondent and a refusal to allow him to amend his particulars. Younger and Bellward were neighbours whose homes were adjoined and part of Bellward's property abutted the rear wall of that of Younger. There had been water ingress into Younger's property and he had brought proceedings alleging, in the main, that the damage had been caused by trees that had been planted on Bellward's property close to the boundary by a previous owner. Younger had also alleged that the damage had been caused by drains that ran from Bellward's property and had become clogged. Following a joint expert report, which exonerated the trees from blame and attributed much of the damage to a lack of maintenance of Younger's property, Bellward successfully sought summary judgment. Younger's application to amend the particulars, on the basis that inadequate construction and maintenance of the drain on Bellward's part constituted a nuisance, was refused. "Held": the appeal was allowed as it was decided that the judge had determined his conclusions on an inadequate basis.
YOUNGER V MOLESWORTH AND ANOTHER
England--886-