Partakis-Stevens & Anor v Sihan & Ors [2022] EWHC 3249 (TCC) (19 December 2022)

Partakis-Stevens & Anor v Sihan & Ors [2022] EWHC 3249 (TCC) (19 December 2022)

The Sihans' works at 17 Fletsand Road, including raising ground levels and inadequate drainage, caused or materially contributed to flooding at 15 Fletsand Road, amounting to actionable nuisance. The Romeros, as current owners, are liable in nuisance but only to the extent of being required to undertake limited remedial works. The Sihans are liable to the Romeros for misrepresentation and breach of contract, and must indemnify them for costs incurred in complying with the injunction, enforcement notice, and defending the claim. Damages are awarded to the Stevens against the Sihans.

Citation
[2022] EWHC 3249 (TCC)
Parties
Claimant: Georgina Partakis-Stevens; Claimant: Laurence Stevens; First Defendant / Defendant to Additional Claim: Baljit Sihan; Second Defendant / Defendant to Additional Claim: Lesley Sihan; Third Defendant / Claimant in Additional Claim: Sergio Romero; Fourth Defendant / Claimant in Additional Claim: Eliana Guercio
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Civil Technology and Construction Court / Final Judgment After Trial
Outcome
Claimants succeed in nuisance against Sihans and Romeros; Romeros succeed in misrepresentation and breach of contract against Sihans; contribution ordered under Civil Liability (Contribution) Act 1978.
Legal Topics
Nuisance, Negligence, Misrepresentation, Breach of Contract, Civil Liability (contribution) Act 1978, Planning Law
Property Law Tort Law Contract Law Nuisance Negligence Misrepresentation Breach of Contract Civil Liability (contribution) Act 1978 +1 more

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Parties

Georgina Partakis-Stevens

Claimant

Laurence Stevens

Claimant

Baljit Sihan

First Defendant / Defendant to Additional Claim

Lesley Sihan

Second Defendant / Defendant to Additional Claim

Sergio Romero

Third Defendant / Claimant in Additional Claim

Eliana Guercio

Fourth Defendant / Claimant in Additional Claim

Procedural Posture

Civil Technology and Construction Court / Final Judgment After Trial

Legal Issues

  1. 1 Whether the works undertaken at 17 Fletsand Road by the Sihans caused or contributed to flooding at 15 Fletsand Road, amounting to actionable nuisance or negligence.
  2. 2 Whether the Romeros, as subsequent owners, are liable in nuisance and/or required to undertake remedial works.
  3. 3 Whether the Sihans are liable to the Romeros for misrepresentation, breach of contract, and/or indemnity under the sale contract.

Ratio Decidendi

The Sihans' works at 17 Fletsand Road, including raising ground levels and inadequate drainage, caused or materially contributed to flooding at 15 Fletsand Road, amounting to actionable nuisance. The Romeros, as current owners, are liable in nuisance but only to the extent of being required to undertake limited remedial works. The Sihans are liable to the Romeros for misrepresentation and breach of contract, and must indemnify them for costs incurred in complying with the injunction, enforcement notice, and defending the claim. Damages are awarded to the Stevens against the Sihans.

Court Disposition

Claimants succeed in nuisance against Sihans and Romeros; Romeros succeed in misrepresentation and breach of contract against Sihans; contribution ordered under Civil Liability (Contribution) Act 1978.

Orders

  • Damages of £59,500 awarded to the Stevens against the Sihans.
  • Romeros ordered to undertake limited remedial works (construction of slot drains) at 17 Fletsand Road.