3 Jul, 2018
Ewan Paton, in his second successful Court of Appeal outing in recent weeks, acted for the successful Respondent in Wild Duck Limited v Smith  EWCA Civ 1471, in which judgment was handed down on 27th June 2018.
The case concerned the "Waters Edge" lakeside holiday home site in the Cotswold Water Park, and a dispute over the completion of estate and infrastructure works on the site following the insolvency of the original developer. The Claimant, the owner of 6 chalets, claimed that the Defendant site owners, by commencing some of the works themselves, had wrongfully prevented the residents’ Management Company from completing them sooner.
In a 7 day High Court trial, the trial judge (Edward Murray, sitting as a Deputy Judge) had held that the owners had been contractually entitled to commence the works themselves, and had not thereby prevented the company from doing so. The Court of Appeal (Longmore LJ and Birss J.) agreed, and dismissed the appeal.