Misha Manson-Smith & Anor v Mark Arthurworrey

Persistent harassment, nuisance, and breach of lease covenants by the Defendant caused substantial pecuniary losses and a significant diminution in the value of Flat A, justifying an award of damages and a permanent injunction; damages for distress and loss of amenity are not recoverable in addition to diminution in value to avoid double recovery.

Parties: Claimant: Misha Manson-Smith; Claimant: Alexandra Manson-Smith; Defendant: Mark Arthurworrey
Jurisdiction: England and Wales
Judgment Date: 29 July 2021
Procedural Posture: Civil / Relief After Summary Judgment
Outcome: Judgment for Claimants
Legal Topics: Harassment, Nuisance, Breach of Covenant, Damages, Injunctive Relief

Property Law Tort Law Civil Procedure Harassment Nuisance Breach of Covenant Damages Injunctive Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 5

Parties

Misha Manson-Smith

Claimant

Alexandra Manson-Smith

Claimant

Mark Arthurworrey

Defendant

Procedural Posture

Civil / Relief After Summary Judgment

Legal Issues

1 Entitlement to damages for harassment, nuisance, and breach of lease covenants
2 Appropriateness and scope of injunctive relief
3 Assessment of pecuniary losses and diminution in property value

Ratio Decidendi

Court Disposition

Judgment for Claimants

Orders

Defendant to pay £267,732.42 in damages (comprising £57,732.42 for past pecuniary losses and £210,000.00 for diminution in value)
Interest on past losses at 4% per annum, totaling £5,742.62