Cocking & Anor v Eacott & Anor [2016] EWCA Civ 140 (09 March 2016)

Cocking & Anor v Eacott & Anor [2016] EWCA Civ 140 (09 March 2016)

A licensor who retains possession and control of residential property is liable in nuisance for acts of a licensee once aware of the nuisance and failing to abate it within a reasonable time. Mrs Waring, as licensor, was in possession and control, knew of the nuisance, and failed to abate it, thus incurring liability. The costs order was justified as she was a necessary party to the proceedings.

Citation
[2016] EWCA Civ 140
Parties
Claimant/respondent: Brynley John Cocking; Claimant/respondent: Diane Cocking; Defendant/appellant: Kim Eacott; Defendant/appellant: Angela Waring
Jurisdiction
England and Wales
Judgment Date
09 March 2016
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Private Nuisance, Liability of Licensors, Landlord and Tenant Law, Costs Orders
Tort Law Property Law Private Nuisance Liability of Licensors Landlord and Tenant Law Costs Orders

Case Brief

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Parties

Brynley John Cocking

Claimant/respondent

Diane Cocking

Claimant/respondent

Kim Eacott

Defendant/appellant

Angela Waring

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a licensor of residential property is liable in nuisance for acts of a licensee
  2. 2 Whether the legal test for landlord liability applies to licensors
  3. 3 Whether the costs order against the licensor was justified

Ratio Decidendi

A licensor who retains possession and control of residential property is liable in nuisance for acts of a licensee once aware of the nuisance and failing to abate it within a reasonable time. Mrs Waring, as licensor, was in possession and control, knew of the nuisance, and failed to abate it, thus incurring liability. The costs order was justified as she was a necessary party to the proceedings.

Court Disposition

Appeal dismissed

Orders

  • Mrs Waring's appeal on liability dismissed
  • Mrs Waring's appeal on costs dismissed