Property Damage
Mariusz has a busy property damage practice and has experience of a range of disputes involving loss of and damage to property, including those concerning damage caused by water, oil, and fire. He is familiar with the various legal issues that may arise in such claims in tort, contract, and the different statutory regimes that may apply, including the Defective Premises Act 1972 and Consumer Protection Act 1987. Mariusz is comfortable with understanding and dealing with the technical evidence, which is often of central importance in these disputes.
Recent examples of Mariusz’s work include:
- Advised on a claim for damage caused by an escape of water from an isolation valve in a residential property, raising issues under the Defective Premises Act 1972 as well as negligence. The claim was settled without the need to issue proceedings.
- Advising on the prospects of raising a Berni Inns defence to a claim brought following an escape of water at a property (on secondment).
- Successfully represented the Claimant in a subrogated recovery claim following the ingress of wastewater and sewage into his property on Rylands v Fletcher
- Drafting the Defence in a claim against a professional carpet cleaner in relation to damage to the carpet following the provision of cleaning services at commercial premises.
- Advising in a multi-party dispute concerning damage to telecommunications apparatus during pavement works.
- Advising on a pre-action disclosure application following damage to neighbouring property caused by debris falling from a fire-damaged property.
- Representing the defendant in a gratuitous bailment claim concerning the loss of valuables which had been left in a coat stored in a restaurant cloakroom. The matter included issues of breach of duty, reliance on disclaimers and the fairness of such disclaimers under the Consumer Rights Act 2015.
Selected Cases
View full profile »Awards
- Lord Denning Scholarship, Lincoln’s Inn (2018)
- BPTC Advocacy Scholarship, BPP University (2018)
News
Qualifications
- BPTC (Very Competent), BPP Law School
- LLM Commercial Law (Distinction), London School of Economics and Political Science
- BA (Hons) Law (2.1), University of Cambridge, Downing College
