Yeung v Potel & Anor [2014] EWCA Civ 481 (11 April 2014)

Yeung v Potel & Anor [2014] EWCA Civ 481 (11 April 2014)

The defendant was not entitled under the lease to access Flat 4 or to move the gas pipe and meter into an area outside the demise of Flat 3, as the lease did not expressly reserve such a right. The trial judge's assessment of damages was based on careful evaluation of the evidence and contained no error of principle.

Citation
[2014] EWCA Civ 481
Parties
Appellant/defendant: Dr Simon Yeung; Respondent/claimant: Darius Potel; Respondent/claimant: Marie Christine Summers
Jurisdiction
England and Wales
Judgment Date
11 April 2014
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Trespass, Nuisance, Construction of Leases, Damages, Easements and Rights of Access
Property Law Landlord and Tenant Tort Law Trespass Nuisance Construction of Leases Damages Easements and Rights of Access

Case Brief

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Parties

Dr Simon Yeung

Appellant/defendant

Darius Potel

Respondent/claimant

Marie Christine Summers

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Whether the defendant had a right of access to Flat 4 to facilitate moving a gas pipe and meter under the lease terms
  2. 2 Whether the trial judge erred in assessing damages for nuisance and trespass

Ratio Decidendi

The defendant was not entitled under the lease to access Flat 4 or to move the gas pipe and meter into an area outside the demise of Flat 3, as the lease did not expressly reserve such a right. The trial judge's assessment of damages was based on careful evaluation of the evidence and contained no error of principle.

Court Disposition

Appeal dismissed

Orders

  • Judgment of District Judge Langley affirmed
  • Defendant not entitled to injunction for access to Flat 4