Trident House Development Ltd v Yousaf [2025] EWHC 344 (Ch) (21 February 2025)

Trident House Development Ltd v Yousaf [2025] EWHC 344 (Ch) (21 February 2025)

The defendant's admitted trespass and nuisance caused a temporary halt to works but the claimant failed to prove, on the balance of probabilities, that this delay resulted in a four-week delay to overall project completion. The evidence did not establish a causal link between the exclusion zone and project sequencing sufficient to justify damages for delay. An access order is granted under the Access to Neighbouring Land Act 1992, as access is necessary for safe completion of the new Galem House wall, and the inconvenience to the defendant is limited. Consideration payable for access is set at £1,268.40, reflecting loss of car park income and reasonable inconvenience.

Citation
[2025] EWHC 344 (Ch)
Parties
Claimant: Trident House Development Limited; Defendant: Mohammed Yousaf
Jurisdiction
England and Wales
Judgment Date
21 February 2025
Procedural Posture
Civil Property/trusts / Final Judgment After Trial (part Damages Claim, Final Access Claim)
Outcome
Damages Claim (causation): Dismissed. Access Claim: Access order granted.
Legal Topics
Trespass, Nuisance, Access to Neighbouring Land Act 1992, Damages, Injunctions, Planning Permission, Building Act 1984
Property Law Tort Law Civil Procedure Trespass Nuisance Access to Neighbouring Land Act 1992 Damages Injunctions +2 more

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Parties

Trident House Development Limited

Claimant

Mohammed Yousaf

Defendant

Procedural Posture

Civil Property/trusts / Final Judgment After Trial (part Damages Claim, Final Access Claim)

Legal Issues

  1. 1 Whether the defendant's admitted trespass and nuisance caused delay to the claimant's project and if so, by how long
  2. 2 Whether an access order should be granted under the Access to Neighbouring Land Act 1992
  3. 3 Whether and what consideration should be payable for access

Ratio Decidendi

The defendant's admitted trespass and nuisance caused a temporary halt to works but the claimant failed to prove, on the balance of probabilities, that this delay resulted in a four-week delay to overall project completion. The evidence did not establish a causal link between the exclusion zone and project sequencing sufficient to justify damages for delay. An access order is granted under the Access to Neighbouring Land Act 1992, as access is necessary for safe completion of the new Galem House wall, and the inconvenience to the defendant is limited. Consideration payable for access is set at £1,268.40, reflecting loss of car park income and reasonable inconvenience.

Court Disposition

Damages Claim (causation): Dismissed. Access Claim: Access order granted.

Orders

  • Access order granted under Access to Neighbouring Land Act 1992 for 35 days, subject to agreed exclusion zone and operational terms.
  • Claimant to pay defendant consideration of £1,268.40 for access.