Party walls; assessment of damages under cross-undertaking; quantum of loss; causation of loss; trespass; fraud.
This is a further judgment in the long-running dispute between Mr Russell Gray, the
owner of 7 Ennismore Mews, London SW7 1AP (‘7EM’) and Elite Town
Management Limited, (‘ETML’) owner of 9 Ennismore Mews, London SW7 1AP
(‘9EM’). Mr Gray is, in addition, the owner of 5 Ennismore Mews (‘5EM’). The
dispute arises in connection with the construction of a basement to 9EM by ETML
to a design to which Mr Gray had objection, the difficulties encountered by the
contractors when excavating the ground beneath 9EM so as to underpin the party
wall between 7EM and 9EM as a consequence of there being piling beneath 7EM
put in place by Mr Gray when constructing his own basement in 2002
