Yeung v Potel and another

Landlord and tenant – Lease. The judge awarded the claimants damages for the defendant neighbour's trespass and nuisance. She further dismissed the defendant's counterclaim for damages on the basis that the claimant had wrongly prevented him from re-routing his gas pipe and an injunction, requiring the claimants to allow him to gain access. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, held that the re-routing of the gas pipe to an area outside the property demised was not within the parties' leases. Accordingly, the judge had been right to dismiss the counterclaim and there had been no errors in her award of damages.

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