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.
