Jones & Anor v Ruth & Anor

Jones & Anor v Ruth & Anor

Defendants committed trespass and nuisance by unauthorized building works, causing damage and loss of amenity; valid party wall notice and consent were not given; harassment was established; damages awarded for nuisance, trespass, harassment, and property repairs; personal injury claim not recoverable in nuisance or negligence.

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 / Final Judgment
Outcome
Judgment for claimants
Legal Topics
Nuisance, Trespass, Party Wall, Harassment, Negligence, Damages
Property Law Tort Law Civil Procedure Nuisance Trespass Party Wall Harassment Negligence +1 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 / Final Judgment

Legal Issues

  1. 1 ownership of gable and garden walls
  2. 2 validity of party wall notice and consent
  3. 3 trespass and damage to property

Ratio Decidendi

Defendants committed trespass and nuisance by unauthorized building works, causing damage and loss of amenity; valid party wall notice and consent were not given; harassment was established; damages awarded for nuisance, trespass, harassment, and property repairs; personal injury claim not recoverable in nuisance or negligence.

Court Disposition

Judgment for claimants

Orders

  • Declarations on ownership of gable and garden walls in favour of claimants
  • Damages awarded for nuisance, trespass, harassment, repairs, and other losses