[2023] UKUT 00282 (LC)

Fecha: 05-May-2023

Conclusions

Conclusions

168.

The preliminary issue we have to decide is causation. The claimants’ case is that damage to the house has been caused, and will be caused in future, by raised groundwater levels. We have accepted that groundwater levels have been raised. Mr Evans in his first report explained how that would affect the house:

“I believe the house foundations are generally at about 2.7m OD although a deeper one has been recorded. With a ground water table now between 1.7 and 2.0m OD I consider it reasonable to assume that capillary rise can result in soil at foundation level being permanently damp, at least in some areas of the house.
18.6.3
The effects this will have on the house will be covered in the other expert reports in these proceedings.”

169.

We have already concluded that if Mr Evans was right, as a result of the evidence of those other experts the claimants’ case on causation succeeds. It follows from our findings on the hydrology evidence that the claimants succeed on the preliminary issue; the building at The King’s Lodging has been damaged by the respondent’s works and will be further damaged in the future.

Upper Tribunal Judge Elizabeth Cooke Mrs Diane Martin MRICS FAAV

30 November 2023

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.