Udal & Anor v Dutton & Anor

Udal & Anor v Dutton & Anor

The Defendants unlawfully demolished part of the party fence wall without agreement or compliance with the Party Wall etc. Act 1996, amounting to trespass and wrongful interference with the Claimants’ property. The requirements for an interim injunction are satisfied: there is a serious issue to be tried, the balance of convenience favours the Claimants, and damages would not be an adequate remedy.

Parties
Claimant: John Oliver Udal; Claimant: Ann Marie Udal; Defendant: Hubert C. G. Dutton; Defendant: Rosalie S. S. Dutton
Jurisdiction
England and Wales
Judgment Date
30 November 2007
Procedural Posture
Civil / Interim Injunction Application
Outcome
Interim injunction granted
Legal Topics
Party Wall Disputes, Trespass, Injunctions
Property Law Civil Procedure Party Wall Disputes Trespass Injunctions

Case Brief

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Parties

John Oliver Udal

Claimant

Ann Marie Udal

Claimant

Hubert C. G. Dutton

Defendant

Rosalie S. S. Dutton

Defendant

Procedural Posture

Civil / Interim Injunction Application

Legal Issues

  1. 1 Whether the Defendants unlawfully demolished a party fence wall without agreement or compliance with the Party Wall etc. Act 1996
  2. 2 Whether the Claimants are entitled to an interim injunction restraining further works

Ratio Decidendi

The Defendants unlawfully demolished part of the party fence wall without agreement or compliance with the Party Wall etc. Act 1996, amounting to trespass and wrongful interference with the Claimants’ property. The requirements for an interim injunction are satisfied: there is a serious issue to be tried, the balance of convenience favours the Claimants, and damages would not be an adequate remedy.

Court Disposition

Interim injunction granted

Orders

  • The Defendants are restrained until further order from undertaking any building works in or adjacent to, or from further demolishing or damaging, the party fence wall between 5 and 7 Soudan Road, London SW11 4HH, other than as provided by paragraph (2).
  • The Defendants are to erect forthwith a hoarding or other suitable barrier on 7 Soudan Road, so as to make secure the boundary between 5 and 7 Soudan Road, but not in the process to enter 5 Soudan Road or to cause any damage to the Claimants’ plants.