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Damage to neighbouring property : wrongful acts of third parties

By: Language: English Series: Estates Gazette ; 279(6301) 13 September 1986, 1065(1)Publication details: 1986Description: See Abstracts 33203, 36257)Subject(s): Summary: Liability for the wrongful acts of third parties in relation to neighbouring properties has recently been the subject of two different conclusions in the courts. In Perl ( Exporters) Ltd v Camden London Borough Council (1983), the CA considered that as a matter of principle no such liability could arise (with certain exceptions). In a Scottish case Thomas Graham and Co v Church of Scotland General Trustees (1982) the sherriff took the view that such libility could arise. In this article, the author looks at the implications of two recent cases, Squires v Perth and Kinross DC and King v Liverpool City Council where this distinction has continued.

Liability for the wrongful acts of third parties in relation to neighbouring properties has recently been the subject of two different conclusions in the courts. In Perl ( Exporters) Ltd v Camden London Borough Council (1983), the CA considered that as a matter of principle no such liability could arise (with certain exceptions). In a Scottish case Thomas Graham and Co v Church of Scotland General Trustees (1982) the sherriff took the view that such libility could arise. In this article, the author looks at the implications of two recent cases, Squires v Perth and Kinross DC and King v Liverpool City Council where this distinction has continued.