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:
- Acting on behalf a statutory water undertaker in a c.£100,000 claim under the Water Industry Act 1991, in connection with dry rot at a property alleged to have been caused by an escape of water from the undertaker’s asset in the street, raising issues of causation.
- 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
- Advising in a multi-party dispute concerning damage to telecommunications apparatus during pavement works.
- Advising on the prospects of success in a subrogated recovery action following a fire at the defendant’s property which occurred when he was using a blowtorch whilst removing paint from wooden panels on his roof, which caused damage to the neighbouring property.
- Advising on a pre-action disclosure application following damage to neighbouring property caused by debris falling from a fire-damaged property.
- Drafting the Defence in a claim against a carpet cleaner in relation to damage to the carpet following the provision of cleaning services at commercial premises.
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
