header-logo header-logo

18 March 2016
Issue: 7691 / Categories: Case law , Law digest , In Court
printer mail-detail

Landlord and tenant

Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB), [2016] All ER (D) 60 (Mar)

The Queen’s Bench Division, in dismissing the claimant’s appeal against the dismissal of her claim against the defendant for damages under s 4 of the Defective Premises Act 1972, held that the purpose of s 4(4) of the Act was not to create a strict liability, but to extend the application of s 4(1) of the Act to relevant defects which were outwith its scope and, therefore, to bring them within the scope of the section as a whole. Its purpose was not to confer an additional or alternative route to recovery where the claim under s 4(1) failed on its facts because s 4(2) was unsatisfied.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll