Speak to a Surveyor

Interested in our Services?

Home » Blog » Injunction Costs Are Recoverable

Injunction Costs Are Recoverable

Share

We also have a short informative video on this case!

Chliaifchtein v Wainbridge Estates Belgravia Ltd 2015, provides a benchmark on an adjoining owner’s injunction cost recovery.

This case arose when a building owner was undertaking significant construction works to their property that had been authorised via a Party Wall Award.

The adjoining owner alleged that the building owner’s works were not being completed, in accordance with method statements within the Award.

The adjoining owner alerted the building owner of the issue, who in turn disputed the claim.  In response, the adjoining owner proceeded to the courts and obtained an injunction.

Following this, the building owner disputed their liability to the injunction costs the adjoining owner had incurred.

Upon hearing the case, the judge held that the adjoining owner did not act unreasonably in obtaining the injunction and therefore was entitled to the subsequent costs they incurred in getting to that point.

While simple, this case goes to show that injunctions continue to offer adjoining owners a powerful means of stopping works on site for the protection of their property.

It also goes to show, that adjoining owners are highly likely to recover the associated costs in giving to progress down the route of obtaining an injunction.

A Solicitor’s Role in a Home Purchase

A Solicitor’s Role in a Home Purchase

Buying any home is a major legal and financial step. In order to ensure all the necessary legals are handled correctly, you’re going to need an experienced solicitor or conveyancer on board. Your solicitor is going to ensure the legal contract is sound. They will...

read more
Notice of Adjacent Excavation

Notice of Adjacent Excavation

Under the Party Wall etc. Act 1996, excavation (digging) work within six metres of any neighbouring buildings or structures gives rise to the need for a Party Wall Notice. You will often hear party wall surveyors refer to the works that fall within the scope of the...

read more
What Makes a Great Party Wall Surveyor?

What Makes a Great Party Wall Surveyor?

Having undertaken party wall surveying work for well over 15 years, we thought we would share our thoughts on what makes a great party wall surveyor. A great party wall surveyor brings much more to the table than just an understanding of the Party Wall etc. Act 1996....

read more