Tempest Tossed?

Does the landlord’s repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest? LB Hammersmith and Fulham v Carty is a County Court judgment reported on Hardwicke Chamber’s site which raises some interesting issues on the interpretation of Section 11(2)(b) of LTA 1985. This provides: (2) The […]

Not smelling of roses

Dobson & Ors v Thames Water Utilities Ltd (No 2) [2011] EWHC 3253 (TCC) This is very late as a post. My excuse is that the judgment runs to well over 200 pages, it is very complex and, frankly, other stuff happened. This has sat as a part finished draft for ages. But finally here […]

It never rains but it pours

The ECHR has recently delivered its judgement in Kolyadenko v Russia , which (apart from demonstrating the reach of the ECHR jurisdiction to the remote corners of Asia) is a useful case applying principles we would recognise under the rule in Rylands v Fletcher. The 6 applicants in this case are residents of Vladivostok, who […]

Pigeons in the flat alas*

Siveter v Wandsworth LBC (2012) CA (Civ Div) 16/02/2012 [Not on Bailii yet, just a Lawtel note] S was the secure tenant of Wandsworth in a 4th floor flat. She had complained to Wandsworth about pigeons nesting outside her flat, in a cupboard that had an opening into the flat. It was not in dispute […]

Don’t be a newcomer

One of the best known judgment in the English speaking world is Miller v Jackson [1977] QB 966. The start of the judgment of Denning LJ (for it is he) is worth setting out, just to remind you all: In summertime village cricket is the delight of everyone. Nearly every village has its own cricket […]

Shaken and Stirred

Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 We missed this one when it came out in July 2011. Not sure why – sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building works on an adjoining property. The appeal is […]

Wandsworth: headed for the naughty step?

As is now pretty well known (and as I noted in the comments below this post) Wandsworth Council apparently made a bid to bring the first riot related possession proceedings. There are some things about Wandsworth’s behaviour that should be pointed out, but it also turns out that all might not be as it seems, […]

Road noise, loss of value and human rights

Thomas & Ors v Bridgend County Borough Council [2011] EWCA Civ 862 This Court of Appeal case might be rather limited on its facts, but there are some broader issues and it is interesting. The appeal was of a preliminary issue, whether the Claimants’ claim under Article 1 Protocol 1 was viable. Art 8 was […]

X & Y v UK settled without hearing

X, Y & Z v the United Kingdom – 32666/10 [2011] ECHR 1199 The long and sorry story of X & Y v Hounslow appears to have reached an end. As you will recall, this was the case that resulted from the horrendous abuse of two highly vulnerable Hounslow tenants in their home by youths. […]

Not fixing a hole where the rain gets in…

Horridge (t/a Newford Parts Centre) v Downshire House (Reproductions) Ltd [2010] EWCA Civ 777 Continuing a brace of nuisance cases, we have this appeal from a split trial on liability on a nuisance claim. The properties involved are both commercial premises, but the principles and issues involved are equally applicable for residential properties. Horridge (H) […]