Jones & Anor v Ruth & Anor [2010] EWHC 1538 (TCC) (28 June 2010)

Jones & Anor v Ruth & Anor [2010] EWHC 1538 (TCC) (28 June 2010)

The defendants committed trespass by building into the claimants' gable wall and causing damage without proper notice or consent. The defendants' prolonged and disruptive building works constituted actionable nuisance, causing substantial loss of amenity. The defendants' conduct amounted to harassment of the first claimant. Damages for personal injury are not recoverable in nuisance but are reflected under harassment. The claimants are entitled to damages for nuisance, trespass, and harassment, but not for personal injury in negligence or for certain consequential losses deemed too remote.

Citation
[2010] EWHC 1538 (TCC)
Parties
Claimant: Ms Samantha Jones; Claimant: Ms Rachel Lovegrove; Defendant: Mr Liam Patrick Ruth; Defendant: Mrs Karen Lesley Patricia Ruth
Jurisdiction
England and Wales
Judgment Date
28 June 2010
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimants in part.
Legal Topics
Nuisance, Trespass, Party Wall Act 1996, Harassment, Negligence, Boundary Disputes, Damages
Property Law Tort Law Civil Procedure Nuisance Trespass Party Wall Act 1996 Harassment Negligence +2 more

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Parties

Ms Samantha Jones

Claimant

Ms Rachel Lovegrove

Claimant

Mr Liam Patrick Ruth

Defendant

Mrs Karen Lesley Patricia Ruth

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants committed trespass by building into the claimants' gable wall and causing damage
  2. 2 Whether the defendants caused actionable nuisance by prolonged building works, noise, vibration, and loss of amenity
  3. 3 Whether the defendants harassed the claimants within the meaning of the Protection from Harassment Act 1997

Ratio Decidendi

The defendants committed trespass by building into the claimants' gable wall and causing damage without proper notice or consent. The defendants' prolonged and disruptive building works constituted actionable nuisance, causing substantial loss of amenity. The defendants' conduct amounted to harassment of the first claimant. Damages for personal injury are not recoverable in nuisance but are reflected under harassment. The claimants are entitled to damages for nuisance, trespass, and harassment, but not for personal injury in negligence or for certain consequential losses deemed too remote.

Court Disposition

Judgment for the claimants in part.

Orders

  • Declarations as to ownership of gable wall and garden wall in favour of claimants
  • Damages for nuisance and trespass awarded (£30,000 for loss of amenity, £45,000 for enhancement to defendants' property)