Assessment of damages taking into consideration diminution of adjoining owner’s property and findings of Trespass.
This appeal relates to a dispute between neighbours arising out of improvement works done by the defendants (respondents to the appeal), Mr and Mrs Ho, that the claimants (appellants), Mr and Mrs Seeff, alleged trespassed onto their property. It was decided largely in favour of Mr and Mrs Ho by His Honour Judge Copley at Willesden County Court on 16 October 2009.
After hearing argument on costs, he made an order that there be no order as to costs; after reflection and a further hearing he made an order on 12 April 2010 that made Mr and Mrs Seeff pay the greater part of the costs; as in all such cases, the sums incurred by way of costs are significantly in excess of the amount originally claimed. Mr and Mrs Seeff appeal by permission of the Single Lord Justice on the substantive and cost issues.
