header-logo header-logo

03 June 2016 / Colm Nugent
Issue: 7701 / Categories: Features , Property
printer mail-detail

On shaky grounds

nlj_7701_nugent

Colm Nugent considers when an unsafe structure does not trigger the landlord’s duty to repair

The reach of the Defective Premises Act 1972 (DPA 1972) and what “defective” means within the context of the Act, was the subject of detailed consideration in the Queen’s Bench Division (QBD) recently, in Dodd v Raebarn Estates [2016] EWHC 262 (QB), [2016] All ER (D) 212 (Feb).

Facts of the case

Raebarn were the freeholders of a mixed use property in London. The upper floors had been demised to a developer who had installed a staircase as part of the refurbishment. Mr Dodd —a visitor—fell down the stairs and tragically died of his injuries some time later. His estate brought a fatal accident claim against the freeholder, Raebarn, and a range of other entities. The claim was valued in excess of £1m.

The claim was brought on the basis of the Occupiers Liability Act 1957 (OLA 1957), DPA 1972 and common law negligence. The OLA 1957 claim was premised on an apparent anomaly in the demise to

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll