Success in the Court of Appeal in Easement Case
17th April 2014
Yeung v (1) Potel (2) Christine-Summers  EWCA Civ 481
Carl Fain acted for the successful Respondents in this appeal in which the Court of Appeal upheld the trial judge’s decision to dismiss a counterclaim for an injunction and damages for access to the Respondent’s flat so as to enable the owner of the flat below to move a gas pipe and meter.
The case concerned the issue as to whether the Appellant had a reserved right to enter the Respondent’s flat to lay a new gas pipe in a different position to its current position for cosmetic reasons. The Court of Appeal approved the first instance decision of Trailfinders v Razuki  2 EGLR 46 in which it was held that the words “which are now, or may hereafter during the term granted, be in, under or over the said premises” did not include the laying of a new system of pipes. Further the Court of Appeal held that a reservation in the circumstances to lay new pipes could not be implied following Wheeldon v Burrows (1878) 12 Ch D 31 and Aldridge v Wright  2 KB 117.
The Court of Appeal also upheld the judge’s decision on the quantum of damages awarded to the Respondents caused by the Appellant’s building works.
Carl had acted for the Respondents at first instance and obtained a substantial damages award in respect of the damage caused by the Appellant’s building works and nuisance.