Quiet enjoyment and appeals from findings of fact


Gary Blaker QC successfully resisted the appeal in Jafari v Tareem Ltd. The case concerned the development of a hotel in Brighton and allegations that scaffolding and noise had caused significant loss of profit  to a dental practice located in the same building.

Nugee J after a two day appeal dismissed all the grounds of appeal re-affirming the tests to be applied when considering an alleged breach of covenant of quiet enjoyment and when appellate courts can overturn factual findings made by trial judges.

The link to the full Judgment can be found here.

The Lawtel link can be found here