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News | Wed 8th May, 2019
In Suki Waschkuhn (nee Johal) v Capital Asset Management (Worple Road) Limited and Wimbledon Central Residents’ Association Limited the court was concerned with a dispute in respect of works to Mrs Waschkuhn’s terrace. The Management Company, Wimbledon Central Residents’ Association Limited, asserted that Mrs Waschkuhn had undertaken the works with consent and that health and safety concerns had to be considered in respect of hanging baskets and potted plants. Mrs Waschkuhn asserted that she did have consent and the Management Company had expressly confirmed that they had approved the works.
More importantly, Mrs Waschkuhn contended that the suggestion that potted plants and hanging baskets raised health and safety concerns was complete and utter nonsense. Mrs Waschkuhn maintained that the Management Company had acted unreasonably and had targeted her because she refused to follow their unreasonable demands.
Following a lengthy and contested hearing before HHJ Johns QC (sitting at Central London County Court) the Judge ruled in favour of Mrs Waschkuhn in respect of the Management Company’s unreasonable conduct and made an order for costs in favour of Mrs Waschkuhn.
Simon Butler represented Mrs Waschkuhn (instructed by AY Solicitors).