Fattahi v Charles Grosvenor Ltd

Fattahi v Charles Grosvenor Ltd

The defendant's failure to comply with the Party Wall etc Act 1996 was the root cause of the dispute and damages; the defendant owed a non-delegable duty to the claimant and could not escape liability by delegating works to the third party. The contractual clause placed responsibility for obtaining consents on the defendant, precluding indemnity or contribution from the third party.

Parties
Appellant/defendant: Dr Morteza Fattahi; Respondent/third Party: Charles Grosvenor Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2019
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Party Wall Disputes, Non Delegable Duty, Trespass, Nuisance, Indemnity, Contribution
Property Law Tort Law Contract Law Party Wall Disputes Non Delegable Duty Trespass Nuisance Indemnity +1 more

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Parties

Dr Morteza Fattahi

Appellant/defendant

Charles Grosvenor Limited

Respondent/third Party

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the defendant is liable for trespass and nuisance due to works carried out by the third party
  2. 2 Whether the defendant can claim indemnity or contribution from the third party under contract
  3. 3 Effect of non-compliance with the Party Wall etc Act 1996

Ratio Decidendi

The defendant's failure to comply with the Party Wall etc Act 1996 was the root cause of the dispute and damages; the defendant owed a non-delegable duty to the claimant and could not escape liability by delegating works to the third party. The contractual clause placed responsibility for obtaining consents on the defendant, precluding indemnity or contribution from the third party.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.