The defendant requested access to the plaintiff’s property to measure movement, as part of associated litigation, involving a negligent survey by the defendants. The plaintiffs claimed the building was beyond repair and required to be demolished.
Held: The monitoring could have been carried out before. Decisions had already been made which would make the monitoring irrelevant, and permission was refused.
Judges:
Lord Justice Brooke
Citations:
[1999] EWCA Civ 898
Jurisdiction:
England and Wales
Litigation Practice
Updated: 05 December 2022; Ref: scu.145813