Surer v Driver [2021] EWHC 3595 (TCC) (12 November 2021)

Surer v Driver [2021] EWHC 3595 (TCC) (12 November 2021)

Summary judgment is not appropriate because the elements of nuisance and negligence are interwoven and there are real prospects of a defence as to whether particular damage was caused by the defendant's acts or omissions; the defence as pleaded is deficient and obstructs the just disposal of the matter and is therefore struck out.

Citation
[2021] EWHC 3595 (TCC)
Parties
Claimant: Nedjla Surer; Defendant: Stuart Driver
Jurisdiction
England and Wales
Judgment Date
12 November 2021
Procedural Posture
Civil / Application for Summary Judgment And/or Strikeout of Defence
Outcome
Summary judgment application dismissed; defence struck out; defendant granted leave to serve a properly pleaded defence within fourteen days; no order as to costs.
Legal Topics
Nuisance, Negligence, Party Wall Disputes, Summary Judgment, Strikeout of Defence
Tort Law Property Law Nuisance Negligence Party Wall Disputes Summary Judgment Strikeout of Defence

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 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Nedjla Surer

Claimant

Stuart Driver

Defendant

Procedural Posture

Civil / Application for Summary Judgment And/or Strikeout of Defence

Legal Issues

  1. 1 Whether summary judgment should be granted in favour of the claimant for liability in nuisance and negligence
  2. 2 Whether the defence should be struck out as deficient

Ratio Decidendi

Summary judgment is not appropriate because the elements of nuisance and negligence are interwoven and there are real prospects of a defence as to whether particular damage was caused by the defendant's acts or omissions; the defence as pleaded is deficient and obstructs the just disposal of the matter and is therefore struck out.

Court Disposition

Summary judgment application dismissed; defence struck out; defendant granted leave to serve a properly pleaded defence within fourteen days; no order as to costs.

Orders

  • Defence struck out as deficient.
  • Defendant to serve a new defence within fourteen days based on facts and matters in the expert joint statement.