Andrae v Selfridge & Co Ltd

 Case Summary

 

Court:
 Court of Appeal
Statute:
 London Building Act 1930
Current
 Party Wall etc Act 1996, s. 7(2)
Facts:

Andrae operated a hotel from 119 -121 Wigmore Street, London. This was part of the same island site that Selfridges were developing as part of a rolling project. Those works had continued throughout the night without interruption. Following complaints by Mrs Andrae the works paused between 10pm and 7am each night, but this was still unsatisfactory.

Mrs Andrae argued that those ongoing works constituted a nuisance to her business, and claimed damages of £4,500.

Decision:

Adjoining owners are expected to put up with a certain amount of discomfort. Temporary building works are a common and ordinary use of  land. If the building owner takes all reasonable steps to try and protect adjoining owners and/or occupiers he will not be liable even if, despite the precautions, they are put to discomfort.