Capital & Leisure Hotels v Independant Estates Plc

Case Summary


County Court
Not Binding
Current Legislation:
Party Wall etc. Act 1996, s. 12
Historic Legislation:
London Building Act 1930

Independant Estates were carrying out excavation works near Marylebone Station. Capital were concerned their foundations woudl be put at risk, and requested £50,000 as security. Independant estate refused. Capital issued proceedings.


There was no serious risk of damage to the adjoining property. Security having been requested it was not open to the Court (or indeed the surveyors) to refuse to awardit, although they could decide on the figure.


It is possible, at least in theory, for the surveyors to award security of £1.00.