PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405
“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
“A woman who moved out from her flat while a local authority carried out repairs still held her tenancy eight years later, the Court of Appeal has ruled.”
Local Government Lawyer, 12th August 2013
Source: www.localgovernmentlawyer.co.uk
Vernon Knight Associates v Cornwall County Council [2013] EWCA Civ 950; [2013] WLR (D) 329
“A landowner owed a measured duty in both negligence and nuisance to take reasonable steps to prevent natural occurrences on his land from causing damage to neighbouring properties. In determining the content of that duty, the court had to consider what was fair, just and reasonable as between the neighbouring parties, having regard to all the circumstances including the extent of the foreseeable risk, the available preventive measures, the costs of such measures and the parties’ resources.”
WLR Daily, 30th July 2013
Source: www.iclr.co.uk
“Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC).
This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of flats. As will become clear, I’m rather troubled by some of the Court’s findings.”
NearlyLegal, 25th June 2013
Source: www.nearlylegal.co.uk
Supreme Court, 1st May 2013
“For long leases, outside the provisions of s.11 Landlord and Tenant Act 1985, the repairing obligation of the landlord is limited to the exact terms set out in the lease, as is the extent to which the landlord can recover the costs of repairs from the leaseholder. As anyone who has dealt with repairs on housing association shared ownership schemes where the housing association is itself a lessee of part of the building will know, this can be an utter nightmare, where the immediate landlord can seem to escape any repairing obligations whatsoever. But what if the lease terms themselves contain an apparent error?”
NearlyLegal, 9th December 2012
Source: www.nearlylegal.co.uk
“Samir Jeraj observes an independent panel settle private rental disputes, including a rare case of a flat with ‘fair rent’ controls.”
The Guardian, 30th October 2012
Source: www.guardian.co.uk
“Arthur Moore considers the liability of landlords in instances of fire damage.”
Hardwicke Chambers, 11th October 2012
Source: www.hardwicke.co.uk
“Does the landlord’s repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest?”
NearlyLegal, 24th October 2012
Source: www.nearlylegal.co.uk
“The repairing obligations imposed on the landlord of a ‘dwelling-house’ by s.11(1) of the Landlord and Tenant Act 1985 are well known: the landlord must keep in repair the structure and exterior of the dwelling-house, as well as the installations within it.”
Hardwicke Chambers, 11th August 2012
Source: www.hardwicke.co.uk
“This is the second of two recent cases on Defective Premises Act 1972 and stairs. There is now a third case on Occupiers Liability Act 1957 with our note to come shortly.”
NearlyLegal, 16th August 2012
Source: www.nearlylegal.co.uk
“What constitutes a defect or a lack of repair for the landlord to be liable for tenant’s injury?”
NearlyLegal, 7th August 2012
Source: www.nearlylegal.co.uk
“Customers could face yet more hikes in their car insurance after a court ruling that experts fear could lead to minor repairs costing 25pc more.”
Daily Telegraph, 15th June 2012
Source: www.telegraph.co.uk
“A major motor insurer has been ‘boosting profits’ beyond the actual costs it incurs carrying out repairs, a County Court judge has said.”
OUT-LAW.com, 20th September 2011
Source: www.out-law.com
Grand v Gill [2011] EWCA Civ 554; [2011] WLR (D) 172
“Plasterwork was part of the structure of a property, rather than being decoration.
The Court of Appeal so held in a reserved judgment in allowing an appeal brought by the tenant, Tanya Grand, against the decision of Judge Karsten QC who, on 7 May 2009 at the Central London County Court, when awarding the tenant damages against the landlord, Param Gill, for breach of leasehold covenant in relation to a lease of a flat at 9B Marlborough Parade, Uxbridge Road, Hillingdon, had not included any sum in respect of plaster damage.”
WLR Daily, 19th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Hertfordshire County Council v Veolia Water Central Ltd [2010] EWHC 278 (QB); [2010] WLR (D) 46
“The effect of regs 3 and 4 of the Street Works (Maintenance) Regulations 1992, when read with s 81 of the New Roads and Street Works Act 1991, was that an highway and street authority could not make a valid charge against a statutory undertaker for emergency works which the authority had carried out to secure apparatus for which the undertaker was responsible unless the undertaker had failed to afford the authority facilities to inspect the apparatus and unless the authority’s belief that the apparatus had not been maintained were informed by a subsidence or disturbance of the road surface.”
WLR Daily, 22nd February 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Toni and Guy (South) Ltd and Another v Hammersmith and Fulham London Borough Council
Queen’s Bench Division
“Where only part of a building was in such condition as to affect adversely the amenity of the area, the local planning authority had no power to serve a notice requiring the taking of remedial steps on those occupying other parts of the building.”
The Times, 27th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“An engineering firm is being sued over work done on the A5 in north Wales by the Welsh Assembly Government.”
BBC News, 22nd January 2009
Source: www.bbc.co.uk
“A man has been awarded £79,000 after his home, which he rented out for a film starring Bond actor Daniel Craig, was damaged by a production company.”
BBC News, 28th October 2008
Source: www.bbc.co.uk
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