Drury v Rafique & Anor

Drury v Rafique & Anor

The judge was entitled to accept the evidence of the respondents, found them credible, and relied on the expert's opinion. The assessment of damages was adequately reasoned and supported by evidence. The order to reposition the gas flue and the award of indemnity costs under Part 36 were proper.

Parties
Appellant: Stuart Drury; Respondent: Umar Rafique; Respondent: Mariam Rafique
Jurisdiction
England and Wales
Judgment Date
29 June 2018
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Boundary Disputes, Cross Undertaking in Damages, Assessment of Damages, Injunctions, Costs, Building Regulations
Property Law Civil Procedure Boundary Disputes Cross Undertaking in Damages Assessment of Damages Injunctions Costs Building Regulations

Case Brief

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Parties

Stuart Drury

Appellant

Umar Rafique

Respondent

Mariam Rafique

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge gave adequate reasons for assessment of damages
  2. 2 Whether the damages awarded were supported by evidence
  3. 3 Whether the order to reposition the gas flue was correct

Ratio Decidendi

The judge was entitled to accept the evidence of the respondents, found them credible, and relied on the expert's opinion. The assessment of damages was adequately reasoned and supported by evidence. The order to reposition the gas flue and the award of indemnity costs under Part 36 were proper.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay damages assessed at £22,860
  • Appellant to reposition gas flue to 600mm or more from boundary