Yeung v Potel & Anor
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LADY JUSTICE ARDEN
- LADY JUSTICE SHARP
Areas of Law
- Property and Real Estate Law
- Contract Law
- Tort Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
This case involves a dispute between lessees of Flats 3 and 4 at 50 Warwick Gardens, London. The lessee of Flat 3 carried out building works causing damage and nuisance to Flat 4. The trial judge awarded damages to Flat 4's occupants, which the defendant appealed. The Court of Appeal held that the defendant was not entitled to access Flat 4 to reroute a gas pipe and upheld the trial judge's assessment of damages and dismissal of the defendant's counterclaims.
Judgment
Lord Justice Jackson:
This judgment is in seven parts, namely:
Part 1. Introduction (Paragraphs 2 to 8) Part 2. The facts (Paragraphs 9 to 22) Part 3. The present proceedings (Paragraphs 23 to 30) Part 4. The appeal to the Court of Appeal (Paragraphs 31 to 34) Part 5. What are the parties’ rights and liabilities under the two leases? (Paragraphs 35 to 50) Part 6. Decision (Paragraphs 51 to 65) Part 7. Executive summary and conclusion (Paragraphs 66 to 68)
Part 1. Introduction
This appeal concerns a four-storey property at 50 Warwick Gardens, London W14. That property is divided into four flats, each one being above the other. All references in this judgment to “flats” are to the flats in that building.
The occupant of Flat 3 has carried out building works which caused damage to Flat 4 and nuisance to its occupants.
The principal issues in this appeal are (a) whether the occupant of Flat 3 has a right of access to Flat 4 to facilitate his proposed move of a gas pipe and gas meter, (b) whether the trial judge erred in assessing damages.
The claimants in this action and respondents in the Court of Appeal are Darius Potel and Marie Christine Summers, the lessees of Flat 4. The defendant in this action and appellant in the Court of Appeal is Dr Simon Yeung, the lessee of Flat 3.
In describing 50 Warwick Gardens and the work which has been carried out in that building, I shall draw upon the main report of Clifford Watkins, the expert witness whose evidence the trial judge accepted.
In summarising the facts, I shall adopt all findings of fact made by the judge, except for those which are the subject of a ground of appeal for which the defendant has permission.
After these introductory remarks, I must now turn to the facts.
Part 2. The facts
50 Warwick Gardens is a four-storey building which was constructed in the mid-19 th century. In the 1960s the then owners, Norman Property Company (London) Ltd (“Norman”), divided the house into four self-contained flats. The lower ground floor became Flat 1. The upper ground floor became Flat 2. The first floor became Flat 3. The second floor became Flat 4.
There needed to be an effective division between the ceiling of each flat and the floor of the flat above, in order to muffle noise and inhibit the spread of fire. In Flat 3 there was a ceiling attached to joists. Above that there was a gap and then a separate set of joists, which supported the floor of Flat 4. On the underside of the floor joists th