Danger of danger case news
Danger of danger case news
- 2008
- Property Week 73(34) 22 August 2008, 52(1) .
Summarises the case of Birmingham Development Company v Tyler [2008] EWCH Civ 859, 24 July 2008 (see L145328). The Court of Appeal considered whether the actual or perceived risk of damage from an adjoining building is sufficient grounds for a claim of nuisance. Permission to appeal was dismissed, together with the injunction. 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.
BIRMINGHAM DEVELOPMENT COMPANY V TYLER
England and Wales--1543-
Summarises the case of Birmingham Development Company v Tyler [2008] EWCH Civ 859, 24 July 2008 (see L145328). The Court of Appeal considered whether the actual or perceived risk of damage from an adjoining building is sufficient grounds for a claim of nuisance. Permission to appeal was dismissed, together with the injunction. 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.
BIRMINGHAM DEVELOPMENT COMPANY V TYLER
England and Wales--1543-