Roadrunner Properties Ltd v Dean & Anor (CA)
21 November 2003
[2003] EWCA Civ 1816; [2004] EWCA Civ 376; (2004) 11 EG 140
The judge had erred in law in preferring the evidence of the defendant's expert witness when the facts of the case did not support that evidence. The most likely cause of the damage to the claimant's building was the construction work the defendants had done to the neighbouring building and, as the defendants had failed to comply with the Party Wall Etc Act 1996, it was right that the court took a robust view of causation.
In a further hearing, [2004] EWCA Civ 376, the application under CPR 40.12 was dismisssed and the applicant ordered to pay the respondents' costs.