Apexmaster v URC Thames (high Court, Chancery Division, 23/02/18)
Tamsin Cox has successfully resisted an application for an injunction to restrain an alleged trespass into airspace caused by the Defendant’s building works. The Claimants issued a without notice claim for injunction to restrain the trespass. In rejecting the claim, the Court reaffirmed principles as to when without notice proceedings are appropriate, and refused an injunction on basis that the injury complained of was minor, and that, in London, neighbours have to be reasonable about minor inconveniences caused during building work which is being carried out considerately.
The full judgment, which will be of interest to those advising developers and their neighbours is here
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