Sykes v Harry & Anor [2001] EWCA Civ 167 (1 February 2001)

Sykes v Harry & Anor [2001] EWCA Civ 167 (1 February 2001)

Landlord breached statutory duty under s.4 Defective Premises Act 1972 by failing to service or inspect gas fire, despite knowledge of risk and lack of servicing, and was liable for claimant's injuries. Duty under s.4 is broader than contractual duty under s.11 and not limited by notice requirements. Damages reduced by 80% for contributory negligence of claimant.

Citation
[2001] EWCA Civ 167
Parties
Claimant: Christopher Humphrey Sykes (by his Wife and Next Friend Deborah Gaye Sykes); First Defendant: Dereck Harry; Second Defendant: Trustee of the Estate of Dereck Harry, A Bankrupt
Jurisdiction
England and Wales
Judgment Date
01 February 2001
Procedural Posture
Appeal / Judgment on Appeal From High Court Decision
Outcome
Appeal allowed; judgment for claimant; damages to be assessed at 20% liability
Legal Topics
Defective Premises Act 1972, Landlord & Tenant Act 1985, Duty of Care, Contributory Negligence
Landlord and Tenant Tort Defective Premises Act 1972 Landlord & Tenant Act 1985 Duty of Care Contributory Negligence

Case Brief

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Parties

Christopher Humphrey Sykes (by his Wife and Next Friend Deborah Gaye Sykes)

Claimant

Dereck Harry

First Defendant

Trustee of the Estate of Dereck Harry, A Bankrupt

Second Defendant

Procedural Posture

Appeal / Judgment on Appeal From High Court Decision

Legal Issues

  1. 1 Whether landlord breached statutory duty under s.4 Defective Premises Act 1972
  2. 2 Whether landlord breached implied covenant under s.11 Landlord & Tenant Act 1985
  3. 3 Extent of landlord's knowledge required for liability

Ratio Decidendi

Landlord breached statutory duty under s.4 Defective Premises Act 1972 by failing to service or inspect gas fire, despite knowledge of risk and lack of servicing, and was liable for claimant's injuries. Duty under s.4 is broader than contractual duty under s.11 and not limited by notice requirements. Damages reduced by 80% for contributory negligence of claimant.

Court Disposition

Appeal allowed; judgment for claimant; damages to be assessed at 20% liability

Orders

  • Judgment and order of Judge Altman dated 28 May 1999 set aside
  • Judgment entered for claimant for damages to be assessed and paid on basis of 20% liability