Saunders v Williams & Ors [2001] EWCA Civ 1861 (30 November 2001)

Saunders v Williams & Ors [2001] EWCA Civ 1861 (30 November 2001)

Permission to appeal is refused on the issue of specific performance as it was previously determined and not raised at the assessment of damages hearing; permission is granted only on the ground of whether limiting damages for distress, inconvenience, or loss of use to one year was correct, as there is a realistic prospect of success on that issue.

Citation
[2001] EWCA Civ 1861
Parties
Claimant/applicant: Anne Saunders; Defendant/respondent: Terry Williams; Defendant/respondent: Peter Guidotti; Defendant/respondent: Kim Guidotti
Jurisdiction
England and Wales
Judgment Date
30 November 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted in part, limited to the issue of damages for distress, inconvenience, or loss of use; refused on other grounds.
Legal Topics
Assessment of Damages, Party Wall Act 1996, Specific Performance, Distress and Inconvenience, Loss of Use, Building Works Liability
Tort Property Law Civil Procedure Assessment of Damages Party Wall Act 1996 Specific Performance Distress and Inconvenience Loss of Use +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Anne Saunders

Claimant/applicant

Terry Williams

Defendant/respondent

Peter Guidotti

Defendant/respondent

Kim Guidotti

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant is entitled to specific performance under the Party Wall Act 1996 or other statutes for rebuilding the party wall
  2. 2 Whether the limitation of damages for distress, inconvenience, or loss of use to one year was correct

Ratio Decidendi

Permission to appeal is refused on the issue of specific performance as it was previously determined and not raised at the assessment of damages hearing; permission is granted only on the ground of whether limiting damages for distress, inconvenience, or loss of use to one year was correct, as there is a realistic prospect of success on that issue.

Court Disposition

Permission to appeal granted in part, limited to the issue of damages for distress, inconvenience, or loss of use; refused on other grounds.

Orders

  • Permission to appeal granted only on the limitation of damages for distress, inconvenience, or loss of use to one year.
  • Appeal to be heard by a three-member court, time estimate half a day.