Fawcett & Ors v Phoenix Inns Ltd. & Anor [2003] EWCA Civ 128 (12 February 2003)

Fawcett & Ors v Phoenix Inns Ltd. & Anor [2003] EWCA Civ 128 (12 February 2003)

The trial judge made sufficient findings of fact and gave adequate reasons to support the conclusion that the defendants were liable in nuisance for water ingress from their property to the claimants' property, and the form of the injunction and assessment of damages were appropriate.

Citation
[2003] EWCA Civ 128
Parties
Claimants/respondents: Fawcett and others; First Defendant/appellant: Phoenix Inns Limited; Second Defendant/appellant: Unique Pub Properties Limited
Jurisdiction
England and Wales
Judgment Date
12 February 2003
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Nuisance, Injunctions, Damages, Landlord and Tenant, Appeals Procedure
Tort Law Property Law Nuisance Injunctions Damages Landlord and Tenant Appeals Procedure

Case Brief

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Parties

Fawcett and others

Claimants/respondents

Phoenix Inns Limited

First Defendant/appellant

Unique Pub Properties Limited

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the defendants were liable in nuisance for water ingress from their property to the claimants' property
  2. 2 Whether the trial judge made sufficient findings of fact and gave adequate reasons for liability and damages
  3. 3 Whether the form of the injunction was sufficiently precise

Ratio Decidendi

The trial judge made sufficient findings of fact and gave adequate reasons to support the conclusion that the defendants were liable in nuisance for water ingress from their property to the claimants' property, and the form of the injunction and assessment of damages were appropriate.

Court Disposition

Appeal dismissed

Orders

  • Defendant/Appellant to pay Claimant/Respondent's costs of and incidental to the appeal if not agreed
  • Time for compliance with injunction extended to 14/05/03