Jenson & Anor v Faux (Rev 1) [2011] EWCA Civ 423 (13 April 2011)

Jenson & Anor v Faux (Rev 1) [2011] EWCA Civ 423 (13 April 2011)

The works carried out, though extensive, did not amount to the provision of a new dwelling with a wholly different identity; therefore, section 1 of the Defective Premises Act 1972 does not apply and the claim is not arguable.

Citation
[2011] EWCA Civ 423
Parties
Claimant/respondent: Desmond Edward Jenson; Claimant/respondent: Sarah Jean Jenson; Defendant/appellant: Spencer Roy Faux
Jurisdiction
England and Wales
Judgment Date
13 April 2011
Procedural Posture
Appeal / Appeal From Summary Judgment Refusal in Technology and Construction Court
Outcome
Appeal allowed; summary judgment granted to the defendant.
Legal Topics
Defective Premises Act 1972, Duty of Care in Construction, Provision of a Dwelling, Summary Judgment, Identity of Dwelling
Tort Law Property Law Construction Law Defective Premises Act 1972 Duty of Care in Construction Provision of a Dwelling Summary Judgment Identity of Dwelling

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Parties

Desmond Edward Jenson

Claimant/respondent

Sarah Jean Jenson

Claimant/respondent

Spencer Roy Faux

Defendant/appellant

Procedural Posture

Appeal / Appeal From Summary Judgment Refusal in Technology and Construction Court

Legal Issues

  1. 1 Does section 1 of the Defective Premises Act 1972 apply to extensive refurbishment and extension works, or only to the provision of a new dwelling?
  2. 2 Is it arguable that the works carried out constituted the provision of a new dwelling with a wholly different identity from the old?

Ratio Decidendi

The works carried out, though extensive, did not amount to the provision of a new dwelling with a wholly different identity; therefore, section 1 of the Defective Premises Act 1972 does not apply and the claim is not arguable.

Court Disposition

Appeal allowed; summary judgment granted to the defendant.

Orders

  • Claim dismissed against the defendant under the Defective Premises Act 1972.