Goddard v Megac Ltd. & Anor [2006] EWHC 3720 (Ch) (28 April 2006)

Goddard v Megac Ltd. & Anor [2006] EWHC 3720 (Ch) (28 April 2006)

The claimant's case does not disclose a cause of action under nuisance or negligence as per Abbahall, as there is no pleaded hazard, escape, or duty of care, and the facts do not support an Abbahall-type claim. The deed of grant does not impose positive obligations on the servient tenement. The claim must be struck out.

Citation
[2006] EWHC 3720 (Ch)
Parties
Claimant: Kenneth Goddard; First Defendant: Megac Ltd; Second Defendant: Mr Roger Evelyn Stanfield Salvesen Baden-Powell
Jurisdiction
England and Wales
Judgment Date
28 April 2006
Procedural Posture
Civil / Summary Judgment/strike Out Application
Outcome
Claim struck out
Legal Topics
Easements, Nuisance, Negligence, Summary Judgment, Strike Out
Property Law Civil Procedure Easements Nuisance Negligence Summary Judgment Strike Out

Case Brief

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Parties

Kenneth Goddard

Claimant

Megac Ltd

First Defendant

Mr Roger Evelyn Stanfield Salvesen Baden-Powell

Second Defendant

Procedural Posture

Civil / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the claimant's pleaded case discloses a cause of action under nuisance or negligence as per Abbahall Ltd v Smee
  2. 2 Whether the facts support an 'escaping hazard' as required by Abbahall
  3. 3 Whether the deed of grant creates positive obligations on the servient tenement

Ratio Decidendi

The claimant's case does not disclose a cause of action under nuisance or negligence as per Abbahall, as there is no pleaded hazard, escape, or duty of care, and the facts do not support an Abbahall-type claim. The deed of grant does not impose positive obligations on the servient tenement. The claim must be struck out.

Court Disposition

Claim struck out

Orders

  • Claimant's case struck out
  • Claimant's counsel to prepare a minute outlining formula for costs determination