Property Damage
Mariusz has a busy property damage practice and experience in a range of disputes involving loss of and damage to property, including 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 also comfortable with dealing with the technical issues that arise in such claims and liaising with experts in respect of the same.
Recent examples of Mariusz’s work include:
- The Grenfell Tower Litigation: Mariusz acts, as part of a team led by Andrew Rigney KC, in respect of civil claims arising out of the Grenfell Tower Fire.
- Defending a statutory water undertaker in a c.£100,000 claim under the Water Industry Act 1991 concerning dry rot alleged to have been caused by an escape of water from the undertaker’s asset.
- Acting on behalf of an owner and operator of an anaerobic digestion biogas facility in respect of damage to a pre-buffer tank during industrial cleaning works.
- Representing the claimants in a High Court TCC claim concerning a fire in a residential property following drilling works as part of the installation a new boiler flue.
- Defending a local authority against claims in nuisance, negligence, and under the Highways Act 1980 arising out of flooding on neighbouring land.
- Advising in respect of a claim following 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.
- 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 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.
Selected Cases
View full profile »Awards
- Lord Denning Scholarship, Lincoln’s Inn (2018)
- BPTC Advocacy Scholarship, BPP University (2018)
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Qualifications
- MA in Law, University of Cambridge, Downing College
- LLM Commercial Law (Distinction), London School of Economics and Political Science
- BPTC, BPP Law School
Memberships
- PNBA
- TECBAR
