Jenson & Anor v Faux (Rev 1)

Jenson & Anor v Faux (Rev 1)

The works carried out did not constitute the provision of a new dwelling; the identity of the house remained substantially the same. Section 1 of the Defective Premises Act 1972 does not apply to mere refurbishment or extension unless the identity of the dwelling is wholly different from the old.

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
Civil Appeal / Appeal From Summary Judgment in High Court
Outcome
Appeal allowed; summary judgment granted for the defendant.
Legal Topics
Defective Premises Act 1972, Duty of Care in Provision of Dwellings, Summary Judgment, Identity of Dwelling
Tort Law Property Law Defective Premises Act 1972 Duty of Care in Provision of Dwellings 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

Civil Appeal / Appeal From Summary Judgment in High 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 Was a 'new dwelling' provided within the meaning of the Act?

Ratio Decidendi

The works carried out did not constitute the provision of a new dwelling; the identity of the house remained substantially the same. Section 1 of the Defective Premises Act 1972 does not apply to mere refurbishment or extension unless the identity of the dwelling is wholly different from the old.

Court Disposition

Appeal allowed; summary judgment granted for the defendant.

Orders

  • Summary judgment entered for the defendant.
  • Claim under section 1 of the Defective Premises Act 1972 dismissed.