000			01595cab a22001935a 4500
001			L145328
008			080929e20080724xxk f v 000 0 eng d
035			_a(Sirsi) u145328
041	0		_aeng
245	0	0	_aBirmingham Development Company v Tyler _h[electronic resource]
260			_c2008
520			_a[2008]EWCH Civ 859, 24 July 2008. The case shows that thorough investigation is required before initiating costly litigation. A residential property developer?s scheme was delayed due to the perceived danger of bricks falling from the wall of an adjoining factory. The developer was granted an injunction requiring the wall owner to make repairs and remove the danger, but at the trial, the judge found that it had not been established that some of the brickwork had been dangerous, and that the owner was not liable for the damaged parts of the wall. Held: permission to appeal dismissed, together with the injunction. It was not enough for a claimant to show that he was frightened by a possible danger. What was required was proof that the fear was well-founded. 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.
590			_aKA
650	2	4	_aBIRMINGHAM DEVELOPMENT COMPANY V TYLER
651		4	_aEngland and Wales _y1543-
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL
856	4	0	_uhttps://www.bailii.org./ew/cases/EWCA/Civ/2008/859.html _zView the case free of charge at www.hklii.org...
942			_n0
999			_c80776 _d80776