000			01840cab a2200265 4500
001			ABS67573
008			040324n2004 000 0 eng u
035			_a(Sirsi) u125563
245			_aRoadrunner Properties Ltd v Dean and another
260			_c2004
490			_aEstates Gazette _v[2004] 11 EG 140-145(6)
520			_a[2003] EWCA Civ 1816, 21 November 2003. Appeal by claimant (R) against County Court decision dismissing claim for damages at common law alleging nuisance and negligence due to R's failure to comply with the Party Wall Etc Act 1996. The appeal was concerned with establishing the causation of the damage. D failed to serve a notice under the Act and therefore R was advised that the provisions of the Act could not be invoked and therefore instigated a claim for damages in the County Court. R argued that the damage was caused by the use of the Kango hammer drill whilst D maintained that some of the damage could be contributed to by shrinkage of the floor tiles. "Held": that the coincidence between the dislocation to the floor tiles and the work being done to the party wall was a proper factor to take into account when drawing inferences as to causation. As D had failed to serve a party wall notice R had been denied the opportunity to have a pre-works survey. Appeal allowed. View judgment at www.bailii.org.
590			_aABS
650			_aROADRUNNER PROPERTIES LTD V DEAN AND ANOTHER
650			_aPARTY WALL ACT 1996
650			_aDAMAGES
650			_aCAUSATION
650			_aNUISANCE
650			_aNEGLIGENCE
650			_aEXPERT WITNESS _96239
650			_aEVIDENCE
690			_aBoundary disputes _96221
856			_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2003/1816.html&query=Roadrunner&method=all _zView judgment on the the BAILII website...
942			_n0
999			_c74298 _d74298