Bole & Anor v Huntsbuild Ltd [2009] EWCA Civ 1146 (20 October 2009)

Bole & Anor v Huntsbuild Ltd [2009] EWCA Civ 1146 (20 October 2009)

The cumulative effect of widespread defects caused by inadequate foundations rendered the dwelling unfit for habitation under Section 1 of the Defective Premises Act 1972, justifying the award of damages for the cost of remedying all defects attributable to the breach.

Citation
[2009] EWCA Civ 1146
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 (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Defective Premises Act 1972, Fitness for Habitation, Measure of Damages, Building Regulations
Construction Law Tort Law Defective Premises Act 1972 Fitness for Habitation Measure of Damages Building Regulations

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Parties

Bole and Another

Claimant/respondent

Huntsbuild Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Meaning and application of 'fit 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 widespread defects caused by inadequate foundations rendered the dwelling unfit for habitation under Section 1 of the Defective Premises Act 1972, justifying the award of damages for the cost of remedying all defects attributable to the breach.

Court Disposition

Appeal dismissed

Orders

  • Damages of £214,116.91 for remedial works and £4,500 general damages to claimants upheld