Lyons v Gardner

Lyons v Gardner

The claimant failed to establish on the evidence that the 1995 drainage works caused or materially worsened the ponding and dampness. The trial judge was entitled to prefer the defendant's evidence and found no change for the worse in the condition of the yard attributable to the defendant's actions.

Parties
Claimant/appellant: Lyons; Defendant/respondent: Gardner
Jurisdiction
England and Wales
Judgment Date
21 February 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Nuisance, Neighbour Disputes, Damp and Drainage Issues
Tort Law Property Law Nuisance Neighbour Disputes Damp and Drainage Issues

Case Brief

Summary, issues, holding and outcome

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Parties

Lyons

Claimant/appellant

Gardner

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether drainage works by the defendant in 1995 caused or materially increased ponding and damp in the claimant's property
  2. 2 Whether the judge erred in preferring the defendant's evidence over the claimant's and in his treatment of documentary and expert evidence

Ratio Decidendi

The claimant failed to establish on the evidence that the 1995 drainage works caused or materially worsened the ponding and dampness. The trial judge was entitled to prefer the defendant's evidence and found no change for the worse in the condition of the yard attributable to the defendant's actions.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed