Sumners Ltd v London Borough Of Hammersmith & Fulham [2002] EWCA Civ 703 (2 May 2002)

Sumners Ltd v London Borough Of Hammersmith & Fulham [2002] EWCA Civ 703 (2 May 2002)

The landlord's obligation to repair arose only upon notice, which was not proven to have been given before January 1998. The trial judge applied the correct standard of proof. The costs orders were within the judge's discretion and no error of principle was shown.

Citation
[2002] EWCA Civ 703
Parties
Claimant/applicant: Sumners Limited; Defendant/respondent: The London Borough of Hammersmith and Fulham
Jurisdiction
England and Wales
Judgment Date
02 May 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Covenant to Repair, Notice Requirement, Damages Assessment, Costs Orders, Standard of Proof, Constructive Notice
Landlord and Tenant Civil Procedure Covenant to Repair Notice Requirement Damages Assessment Costs Orders Standard of Proof Constructive Notice

Case Brief

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Parties

Sumners Limited

Claimant/applicant

The London Borough of Hammersmith and Fulham

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the landlord's obligation to repair arose only upon notice
  2. 2 Whether the claimant proved that notice of disrepair was given before January 1998
  3. 3 Whether the trial judge applied the correct standard of proof

Ratio Decidendi

The landlord's obligation to repair arose only upon notice, which was not proven to have been given before January 1998. The trial judge applied the correct standard of proof. The costs orders were within the judge's discretion and no error of principle was shown.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused in its entirety