Millions of pounds of financial damages secured in demolition claim

Property litigation partner Priya Sejpal was instructed by a long-standing client in relation to damage caused by the demolition of a building situated on an adjacent site to Priya’s client.

The dispute arose when a single-story building was being demolished to make way for the construction of a much bigger mixed-use development comprising of a multi-storey building.

The construction had caused significant damage and there was a breach of the Party Wall Act 1996 (PWA 1996). PWA 1996 is legislation that provides a framework for construction on a neighbouring property when the properties share a boundary.

There had been trespass, and the demolition had caused a nuisance to Priya’s client on the neighbouring land.

What was the outcome?

Priya was able to bring a legal claim for breach of the PWA 1996, trespass, nuisance and damage to land and premises. The landowner conducting the demolition and building on the neighbouring land was required to pay financial damages to Priya’s client in excess of £2million.

Priya Sejpal said “these types of cases are particularly difficult for a client because when damage is done to your premises and disruption to the business which is entirely avoidable it becomes a very stressful time. I was able to guide my client through the legal process, and my client was delighted with the outcome and has been able to remedy the damage to the property.”