Dodd v Raebarn Estates Ltd & Ors [2016] EWHC 262 (QB) (15 February 2016)

Dodd v Raebarn Estates Ltd & Ors [2016] EWHC 262 (QB) (15 February 2016)

The staircase and common parts were demised to the headlessee under the headlease, so Raebarn was not an occupier and owed no duty under the Occupiers' Liability Act 1957. The absence of a handrail and other alleged defects did not constitute 'relevant defects' under the Defective Premises Act 1972, as they did not arise from a failure to repair or maintain but from the design or construction by the headlessee. There was no common law duty of care owed by Raebarn as landlord in these circumstances. The construction of the headlease was suitable for summary determination, and the claim disclosed no real prospect of success.

Citation
[2016] EWHC 262
Parties
Claimant/appellant: Megan Louise Dodd (widow and executrix of the estate of Paul James Dodd, deceased); First Defendant/respondent: Raebarn Estates Limited; Second Defendant/respondent: Raebarn Estates (No.2) Limited; Third Defendant/respondent: Raebarn Estates (No.3) Limited; Fourth Defendant/respondent: Southwind Holdings Limited; Fifth Defendant/respondent: 194-196 Kensington Park Road 1995 Limited; Sixth Defendant/respondent: Marcelo Roque Pereira
Jurisdiction
England and Wales
Judgment Date
15 February 2016
Procedural Posture
Appeal (from Summary Judgment and Strike Out) / High Court (queen's Bench Division) Judgment on Appeal
Outcome
Appeal dismissed; summary judgment for defendants upheld.
Legal Topics
Occupiers' Liability, Defective Premises Act 1972, Common Law Negligence, Lease Interpretation, Summary Judgment, Duty of Care, Building Regulations
Tort Law Landlord and Tenant Law Property Law Occupiers' Liability Defective Premises Act 1972 Common Law Negligence Lease Interpretation Summary Judgment +2 more

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Parties

Megan Louise Dodd (widow and executrix of the estate of Paul James Dodd, deceased)

Claimant/appellant

Raebarn Estates Limited

First Defendant/respondent

Raebarn Estates (No.2) Limited

Second Defendant/respondent

Raebarn Estates (No.3) Limited

Third Defendant/respondent

Southwind Holdings Limited

Fourth Defendant/respondent

194-196 Kensington Park Road 1995 Limited

Fifth Defendant/respondent

Marcelo Roque Pereira

Sixth Defendant/respondent

Procedural Posture

Appeal (from Summary Judgment and Strike Out) / High Court (queen's Bench Division) Judgment on Appeal

Legal Issues

  1. 1 Whether the freeholder (Raebarn) owed a duty of care under the Occupiers' Liability Act 1957 for defects in a staircase resulting in fatal injury.
  2. 2 Whether the freeholder owed a duty under the Defective Premises Act 1972 for lack of a handrail and other alleged defects.
  3. 3 Whether the freeholder owed a common law duty of care in negligence to the deceased.

Ratio Decidendi

The staircase and common parts were demised to the headlessee under the headlease, so Raebarn was not an occupier and owed no duty under the Occupiers' Liability Act 1957. The absence of a handrail and other alleged defects did not constitute 'relevant defects' under the Defective Premises Act 1972, as they did not arise from a failure to repair or maintain but from the design or construction by the headlessee. There was no common law duty of care owed by Raebarn as landlord in these circumstances. The construction of the headlease was suitable for summary determination, and the claim disclosed no real prospect of success.

Court Disposition

Appeal dismissed; summary judgment for defendants upheld.

Orders

  • Claim struck out against Raebarn Estates Limited, Raebarn Estates (No.2) Limited, and Raebarn Estates (No.3) Limited.
  • Summary judgment granted in favour of Raebarn defendants.