Younger v Molesworth & Anor [2006] EWHC 3088 (QB) (07 December 2006)

Younger v Molesworth & Anor [2006] EWHC 3088 (QB) (07 December 2006)

The Claimant should not be shut out from seeking to make the amended case regarding nuisance by drain maintenance, as the proposed amendments disclose a real prospect of success and further investigation is justified.

Citation
[2006] EWHC 3088 (QB)
Parties
Claimant/appellant: Michael John Younger; First Defendant: Margaret S. Molesworth; Second Defendant/respondent: Alan Bellward
Jurisdiction
England and Wales
Judgment Date
07 December 2006
Procedural Posture
Appeal / Permission to Amend Claim on Appeal From Summary Judgment
Outcome
Appeal allowed
Legal Topics
Nuisance, Negligence, Easements, Continuing Nuisance
Property Law Tort Law Nuisance Negligence Easements Continuing Nuisance

Case Brief

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Parties

Michael John Younger

Claimant/appellant

Margaret S. Molesworth

First Defendant

Alan Bellward

Second Defendant/respondent

Procedural Posture

Appeal / Permission to Amend Claim on Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the Second Defendant adopted or continued a nuisance by failing to maintain a drain causing damage to the Claimant's property
  2. 2 Whether the proposed amendments to the claim disclose a real prospect of success
  3. 3 Obligation of servient tenement owner to maintain subject of easement

Ratio Decidendi

The Claimant should not be shut out from seeking to make the amended case regarding nuisance by drain maintenance, as the proposed amendments disclose a real prospect of success and further investigation is justified.

Court Disposition

Appeal allowed

Orders

  • Order of Deputy Circuit Judge Thompson QC set aside
  • Permission granted to amend the claim