Lea Valley Developments Ltd v Derbyshire [2017] EWHC 1353 (TCC) (16 June 2017)

Lea Valley Developments Ltd v Derbyshire [2017] EWHC 1353 (TCC) (16 June 2017)

Neither the Award nor the Act determines the basis for compensation; common law principles apply, and the measure of damages is fact sensitive. No declaration is appropriate due to lack of agreed facts and the abstract nature of the issue.

Source-derived case information.

Citation
[2017] EWHC 1353 (TCC)
Parties
Claimant: Lea Valley Developments Limited; Defendant: Thomas William Derbyshire
Jurisdiction
England and Wales
Judgment Date
16 June 2017
Procedural Posture
Part 8 Claim / Judgment
Outcome
Declarations sought by both claimant and defendant refused.
Legal Topics
Party Wall Act, Compensation Assessment, Damages for Property Damage
Property Law Construction Law Party Wall Act Compensation Assessment Damages for Property Damage

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Parties

Lea Valley Developments Limited

Claimant

Thomas William Derbyshire

Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether compensation for property damage should be assessed by diminution in value or cost of reinstatement
  2. 2 Effect and vires of paragraph 4(D) of the Party Wall Award
  3. 3 Applicability of common law principles to statutory compensation under Party Wall etc. Act 1996

Ratio Decidendi

Neither the Award nor the Act determines the basis for compensation; common law principles apply, and the measure of damages is fact sensitive. No declaration is appropriate due to lack of agreed facts and the abstract nature of the issue.

Court Disposition

Declarations sought by both claimant and defendant refused.

Orders

  • Counsel to make submissions on consequential matters by 12 noon on 15 June 2017.