Protection from neighbours – no duty

CN & Anor v Poole Borough Council (2017) EWCA Civ 2185 What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence. CN and GN lived with their mother in a Poole Housing Partnership (a Poole BC […]

‘Duty of care’ – Not in housing allocation

Darby v Richmond on Thames London Borough Council [2017] EWCA Civ 252 Many of you, I suspect, will be like me – you hear from clients, prospective clients, tenants etc., on a very frequent basis that in making a housing decision, or indeed in not making it, the council or housing association has ‘breached its duty […]

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. […]

X & Y v UK?

Thanks to Chief and with particular thanks to the UK Human Rights blog, we now know that the claimants in X&Y v Hounslow have gone to the European Court of Human Rights. As you will recall, this was the desperately sad case which, at first instance, looked to establish a duty of care for local […]

Like a blind man searching for a black hat in a dark room

Heffernan v LB Hackney [2009] EWCA Civ 655 is a timely reminder of the importance of having evidence to substantiate a claim for damages. Mr Heffernan was the freehold owner of 16 Penhurst Road, London, E9 (“the property”). The property was converted into two flats, the upper flat being let on a tenancy protected under […]

Bits from LAG and nuisance & Art 8

There are several cases in the latest LAG updates that we haven’t covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v Thames Water, a Court of Appeal […]

The end of the road

X v LB Hounslow [2009] EWCA Civ 286. When news of X first reached the NL team, the near unanimous response was one of pleasure at the result. Once we obtained a transcript and saw the reasoning of the trial judge, it became clear not only that an appeal would be pursued but that it […]

Something for the weekend

The House of Lords will be giving judgment in Glasgow CC v Mitchell on Wednesday 18 Feb 09 (link is to a .pdf). This is a case that we’ve missed so far but, in essence, is about the scope of the duty of care (if any) owed by a landlord to their tenants in respect […]

Duty to protect update 1

Update on this case from Friday 24 May. No judgment available yet that I have seen, but there is a further new story on the Hounslow case at 24dash.com, which gives a few more details. Specifically, the negligent failure found was that housing did not invoke emergency transfer processes, despite a) social services involvement with […]

A duty to protect?

A case is reported in the Guardian which apparently extends local authorities’ duty to protect tenants from third parties to include vulnerable adults, not only children. A couple, both with learning difficulties, were terrorised in their flat by a group of youths over two days, during which they were assaulted and abused. Hounslow Council had […]