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From friends to foes

By: Series: Estates Gazette ; (0450) 11 December 2004, 83(1)Publication details: 2004Subject(s): Summary: Delay in seeking an injunction to stop building works can jeopardise a claimant's case as illustrated in "Bailey v Mortimer" ([2004] EWCA Civ 1514, [2004] PLSCS 249) unless it has warned the other party that it intended to take action. A mandatory injunction requiring demolition will be granted where damages would not constitute adequate remedy.

Delay in seeking an injunction to stop building works can jeopardise a claimant's case as illustrated in "Bailey v Mortimer" ([2004] EWCA Civ 1514, [2004] PLSCS 249) unless it has warned the other party that it intended to take action. A mandatory injunction requiring demolition will be granted where damages would not constitute adequate remedy.