Bole & Anor v Huntsbuild Ltd

Bole & Anor v Huntsbuild Ltd

The cumulative effect of the defects, all attributable to fundamentally inadequate foundations, rendered the dwelling unfit for habitation under Section 1 of the Defective Premises Act 1972. The judge was entitled to award the cost of remedying all defects caused by the breach, as these were foreseeable consequences of the unfitness for habitation.

Parties
Claimant/respondent: Bole and Another; Defendant/appellant: Huntsbuild Limited
Jurisdiction
England and Wales
Judgment Date
20 October 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Defective Premises, Fitness for Habitation, Measure of Damages
Tort Construction Law Defective Premises Fitness for Habitation Measure of Damages

Case Brief

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Parties

Bole and Another

Claimant/respondent

Huntsbuild Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Meaning and application of 'unfit for habitation' under Section 1 of the Defective Premises Act 1972
  2. 2 Appropriate measure of damages for breach of duty under the Act
  3. 3 Whether the defects rendered the dwelling unfit for habitation

Ratio Decidendi

The cumulative effect of the defects, all attributable to fundamentally inadequate foundations, rendered the dwelling unfit for habitation under Section 1 of the Defective Premises Act 1972. The judge was entitled to award the cost of remedying all defects caused by the breach, as these were foreseeable consequences of the unfitness for habitation.

Court Disposition

Appeal dismissed

Orders

  • All four grounds of appeal rejected
  • Judgment of the High Court affirmed