Surer v Driver

Surer v Driver

Summary judgment is not appropriate because the claims of nuisance and negligence are interwoven and causation of damage is disputed; the defence, though deficient, raises real issues requiring trial. The defence is struck out for being manifestly deficient and obstructive, but the defendant is permitted to file a properly pleaded defence.

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; leave granted to file amended defence; no order as to costs.
Legal Topics
Nuisance, Negligence, Summary Judgment, Strikeout of Defence, Party Wall Disputes
Tort Law Property Law Nuisance Negligence Summary Judgment Strikeout of Defence Party Wall Disputes

Case Brief

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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 for the claimant on liability for nuisance and negligence
  2. 2 Whether the defence should be struck out as deficient
  3. 3 Whether the matter should proceed to a quantum only trial

Ratio Decidendi

Summary judgment is not appropriate because the claims of nuisance and negligence are interwoven and causation of damage is disputed; the defence, though deficient, raises real issues requiring trial. The defence is struck out for being manifestly deficient and obstructive, but the defendant is permitted to file a properly pleaded defence.

Court Disposition

Summary judgment application dismissed; defence struck out; leave granted to file amended defence; no order as to costs.

Orders

  • Defence struck out as pleaded.
  • Defendant to file a properly pleaded defence within fourteen days based on facts and matters referred to by the defendant’s expert.