Cases - Abbahall Ltd v Smee
Record details
- Name
- Abbahall Ltd v Smee
- Date
- [2002]
- Citation
- EWCA Civ 1831
- Legislation
- Keywords
- Party walls
- Summary
-
This case did not concern loss of support, but it dealt with the question of damages where a measured duty of care was owed. The defendant, the owner of the first and second floors and roof of a block of flats, had allowed the roof of the flats to fall into disrepair. The Court of Appeal found that she owed a measured duty of care to the plaintiff, the owner of the ground floor flat. The Court of Appeal decided that where there was a measured duty of care, a Court's decision as to who paid the costs of repair would depend on what was fair, just and reasonable in the circumstances and what was reasonable between neighbours. In the circumstances of the case, the Court of Appeal decided that the plaintiff and the defendant should each pay for half of the remedial costs.