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Building – Construction. On the claimant's application, the judge had granted an ex parte injunction, preventing the defendant from carrying out excavations close to the party wall shared with the claimant's property, otherwise than in strict accordance with the method statement forming part of a party wall award. At the return date, the defendant was content for the injunction to continue, but objected to paying the claimant's costs of the action. The Technology and Construction Court held that, on the evidence, the defendant had been in breach of the party wall award and, in all the circumstances, the claimant had been entitled to have sought and obtained the ex parte injunction. Accordingly, the defendant was entitled to his costs.
Building – Construction. On the claimant's application, the judge had granted an ex parte injunction, preventing the defendant from carrying out excavations close to the party wall shared with the claimant's property, otherwise than in strict accordance with the method statement forming part of a party wall award. At the return date, the defendant was content for the injunction to continue, but objected to paying the claimant's costs of the action. The Technology and Construction Court held that, on the evidence, the defendant had been in breach of the party wall award and, in all the circumstances, the claimant had been entitled to have sought and obtained the ex parte injunction. Accordingly, the defendant was entitled to his costs.
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