Molyneux v Liverpool City Council [2002] EWCA Civ 938 (20 June 2002)

Molyneux v Liverpool City Council [2002] EWCA Civ 938 (20 June 2002)

The judge at first instance found on the evidence that the Council was not negligent as bailee and there was no proof that its employees were responsible for the theft; these findings of fact cannot be disturbed on appeal.

Citation
[2002] EWCA Civ 938
Parties
Claimant/applicant: Alan Molyneux; Defendant/respondent: Liverpool City Council
Jurisdiction
England and Wales
Judgment Date
20 June 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Negligence, Bailment, Landlord's Duty of Care, Burden of Proof
Tort Landlord and Tenant Negligence Bailment Landlord's Duty of Care Burden of Proof

Case Brief

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Parties

Alan Molyneux

Claimant/applicant

Liverpool City Council

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Liverpool City Council was liable for theft of tenant's property left in former flat after fire and rehousing
  2. 2 Whether the Council or its employees were responsible for the theft
  3. 3 Whether the Council as bailee took reasonable care of the property

Ratio Decidendi

The judge at first instance found on the evidence that the Council was not negligent as bailee and there was no proof that its employees were responsible for the theft; these findings of fact cannot be disturbed on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused