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 tenant under the headlease, not retained by Raebarn, 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 s4(3) Defective Premises Act 1972, as there was no disrepair, only a design issue. No duty of care arose in common law negligence. The claim disclosed no real prospect of success and was suitable for summary judgment.

Citation
[2016] EWHC 262 (QB)
Parties
Claimant/appellant: Megan Louise Dodd (widow and executrix of the estate of Paul James Dodd, deceased); Defendant/respondent: Raebarn Estates Limited; Defendant/respondent: Raebarn Estates (No.2) Limited; Defendant/respondent: Raebarn Estates (No.3) Limited; Defendant/respondent: Southwind Holdings Limited; Defendant/respondent: 194-196 Kensington Park Road 1995 Limited; 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 the defendants upheld.
Legal Topics
Occupiers' Liability, Defective Premises Act 1972, Common Law Negligence, Lease Interpretation, Summary Judgment, Landlord's Duty of Care
Tort Law Landlord and Tenant Law Property Law Occupiers' Liability Defective Premises Act 1972 Common Law Negligence Lease Interpretation Summary Judgment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

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

Claimant/appellant

Raebarn Estates Limited

Defendant/respondent

Raebarn Estates (No.2) Limited

Defendant/respondent

Raebarn Estates (No.3) Limited

Defendant/respondent

Southwind Holdings Limited

Defendant/respondent

194-196 Kensington Park Road 1995 Limited

Defendant/respondent

Marcelo Roque Pereira

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 tenant under the headlease, not retained by Raebarn, 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 s4(3) Defective Premises Act 1972, as there was no disrepair, only a design issue. No duty of care arose in common law negligence. The claim disclosed no real prospect of success and was suitable for summary judgment.

Court Disposition

Appeal dismissed. Summary judgment for the defendants upheld.

Orders

  • Claim struck out against Raebarn Estates Limited, Raebarn Estates (No.2) Limited, and Raebarn Estates (No.3) Limited.
  • Summary judgment for the first to third defendants.