Pinning the blame

Article Abstract:

UK judges, at least in the higher courts, have over recent years been unwilling to subscribe to the view that existing forms of liability should be extended to cover unusual situations. This has been particularly the case in cases dealing with the tort of negligence. Judges are also showing unwillingness to be flexible in cases where, in order for a claim to be successful, the facts must be interpreted freely. This has been seen in the case of Nationwide Building Society v Lewis, in which the building society tried to make a claim for negligence against someone who was in fact an employee of a law firm, rather than a partner. The claim was dismissed in the Court of Appeal.

Liability (Law), Legal liability

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Damages for disrepair

Article Abstract:

The case of Wallace v Manchester City Council clarifies the way in which damages are to be assessed in cases involving the disrepair of residential property. The plaintiff argued that general damages must be assessed in terms of diminution of value and discomfort and inconvenience, with diminution of value being calculated by reference to the rent paid. The judge did not agree, as the claimant's rent was largely being paid out of housing benefit. Counsel for the tenant claimed that this approach was consistent with previous case law and represented the practice in the courts.

Set-off and counterclaim, Counterclaims

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Far from quiet on the enjoyment front

Article Abstract:

Two recent legal decisions in the UK appear to have extended the interpretation of the landlord's covenant for quiet enjoyment, under which the tenant's possession of the property cannot be interfered with. In Baxter v Camden London Borough Council, the Court of Appeal found that a county court judge was wrong to rule that the defendants were not liable for inadequate soundproofing between the tenant's flat and adjoining flats. In Southward London Borough Council v Mills, the key issue was also the disruption of quiet enjoyment by normal use of adjoining flats.

Laws, regulations and rules, Landlord and tenant, Landlord-tenant relations

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