Navagar & Anor v London Borough Of Hackney [2001] EWCA Civ 644 (27 April 2001)

Navagar & Anor v London Borough Of Hackney [2001] EWCA Civ 644 (27 April 2001)

The claimants had no realistic prospect of success on appeal regarding damages, as the judge's findings on credibility and financial capacity were not open to challenge, and the evidence did not support a recoverable loss. Even if liability could be established, the damages claim would fail on the facts found.

Citation
[2001] EWCA Civ 644
Parties
Claimant/appellant: Musa Navagar; Claimant/appellant: Khadija Navagar; Defendant/respondent: London Borough of Hackney
Jurisdiction
England and Wales
Judgment Date
27 April 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Mutual Exchange of Tenancies, Enforceability of Tenancy Terms, Damages for Breach of Statutory Duty, Right to Buy, Delay in Judgment
Housing Law Contract Law Civil Procedure Mutual Exchange of Tenancies Enforceability of Tenancy Terms Damages for Breach of Statutory Duty Right to Buy Delay in Judgment

Case Brief

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Parties

Musa Navagar

Claimant/appellant

Khadija Navagar

Claimant/appellant

London Borough of Hackney

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether clause 10 of the tenancy agreement is enforceable
  2. 2 Whether damages are available for breach of section 92 of the Housing Act 1985
  3. 3 Whether statutory conditions of written consent were satisfied

Ratio Decidendi

The claimants had no realistic prospect of success on appeal regarding damages, as the judge's findings on credibility and financial capacity were not open to challenge, and the evidence did not support a recoverable loss. Even if liability could be established, the damages claim would fail on the facts found.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Detailed assessment of the applicants' costs