Davies v Stockwell (t/a R & R Stockwell Builiding Contractors) [2005] EWCA Civ 444 (15 April 2005)

Davies v Stockwell (t/a R & R Stockwell Builiding Contractors) [2005] EWCA Civ 444 (15 April 2005)

There is an arguable point of law as to whether the defendant should be held liable for leaving property in a situation where it could foreseeably be used by vandals to create a danger, but permission to appeal is granted as the issue is not clear-cut.

Citation
[2005] EWCA Civ 444
Parties
Claimant/respondent: Natalie Davies; Defendant/appellant: Ronald Stockwell t/a R & R Stockwell Building Contractors
Jurisdiction
England and Wales
Judgment Date
15 April 2005
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Liability for Acts of Third Parties, Occupiers' Liability, Negligence
Tort Law Liability for Acts of Third Parties Occupiers' Liability Negligence

Case Brief

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Parties

Natalie Davies

Claimant/respondent

Ronald Stockwell t/a R & R Stockwell Building Contractors

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendant is liable for injury caused by the wrongful acts of third parties (vandals) exploiting a state of danger created by the defendant's actions

Ratio Decidendi

There is an arguable point of law as to whether the defendant should be held liable for leaving property in a situation where it could foreseeably be used by vandals to create a danger, but permission to appeal is granted as the issue is not clear-cut.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed
  • Appeal to be heard before three judges, one of whom may be a High Court judge