Georgina Partakis-Stevens & Anor v Baljit Sihan & Ors

Georgina Partakis-Stevens & Anor v Baljit Sihan & Ors

The Sihans are liable in nuisance and negligence for works at 17 Fletsand Road that foreseeably caused and exacerbated flooding at 15 Fletsand Road. The Romeros, as subsequent owners, are liable for continuing the nuisance by failing to abate water run-off from paved areas, but not for the original nuisance. The Sihans made fraudulent misrepresentations to the Romeros by concealing the civil dispute with the Stevens, entitling the Romeros to indemnity for costs of complying with the injunction and related losses. The appropriate remedy is an injunction against the Romeros to install slot drains around the paved areas at no 17, with damages against the Sihans for remedial works at no 15...

Parties
Claimant: Georgina Partakis-Stevens; Claimant: Laurence Stevens; Defendant: Baljit Sihan; Defendant: Lesley Sihan; Defendant / Additional Claimant: Sergio Romero; Defendant / Additional Claimant: Eliana Guercio
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Civil (tort/nuisance/contract) / High Court Judgment After Full Trial
Outcome
Claim allowed in part; injunction granted against Romeros; damages awarded against Sihans; Romeros entitled to indemnity/contribution from Sihans; other claims dismissed.
Legal Topics
Private Nuisance, Negligence, Misrepresentation, Civil Liability (contribution) Act 1978, Injunctions, Damages, Planning Enforcement
Tort Law Contract Law Property Law Private Nuisance Negligence Misrepresentation Civil Liability (contribution) Act 1978 Injunctions +2 more

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Parties

Georgina Partakis-Stevens

Claimant

Laurence Stevens

Claimant

Baljit Sihan

Defendant

Lesley Sihan

Defendant

Sergio Romero

Defendant / Additional Claimant

Eliana Guercio

Defendant / Additional Claimant

Procedural Posture

Civil (tort/nuisance/contract) / High Court Judgment After Full Trial

Legal Issues

  1. 1 Whether the works undertaken by the Sihans at 17 Fletsand Road caused or contributed to flooding at 15 Fletsand Road
  2. 2 Whether the Sihans are liable in nuisance and/or negligence to the Stevens
  3. 3 Whether the Romeros, as subsequent owners, are liable for continuing the nuisance

Ratio Decidendi

The Sihans are liable in nuisance and negligence for works at 17 Fletsand Road that foreseeably caused and exacerbated flooding at 15 Fletsand Road. The Romeros, as subsequent owners, are liable for continuing the nuisance by failing to abate water run-off from paved areas, but not for the original nuisance. The Sihans made fraudulent misrepresentations to the Romeros by concealing the civil dispute with the Stevens, entitling the Romeros to indemnity for costs of complying with the injunction and related losses. The appropriate remedy is an injunction against the Romeros to install slot drains around the paved areas at no 17, with damages against the Sihans for remedial works at no 15...

Court Disposition

Claim allowed in part; injunction granted against Romeros; damages awarded against Sihans; Romeros entitled to indemnity/contribution from Sihans; other claims dismissed.

Orders

  • Romeros to install slot drains around the outside perimeter of the paved areas to the rear and no 15 side of no 17, connected to the public drainage system.
  • Damages of £59,500 awarded to the Stevens against the Sihans for remedial works and general damages.