Fawcett & Ors v Phoenix Inns Ltd. & Anor [2003] EWCA Civ 28 (12 February 2003)

Fawcett & Ors v Phoenix Inns Ltd. & Anor [2003] EWCA Civ 28 (12 February 2003)

The judge made sufficient findings that the defendants' property was the source of the nuisance, the defendants knew or ought to have known, reasonable remedies were available, and damages were properly attributed; the appeal was dismissed as the criticisms were unfounded.

Source-derived case information.

Citation
[2003] EWCA Civ 28
Parties
Claimants/respondents: Fawcett and others; First Defendants/appellants: Phoenix Inns Limited; Second Defendants/appellants: Unique Pub Properties Limited
Jurisdiction
England and Wales
Judgment Date
12 February 2003
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Private Nuisance, Injunctions, Damages, Landlord and Tenant, Causation, Remedies
Tort Law Property Law Private Nuisance Injunctions Damages Landlord and Tenant Causation Remedies

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fawcett and others

Claimants/respondents

Phoenix Inns Limited

First Defendants/appellants

Unique Pub Properties Limited

Second Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the defendants caused or permitted a nuisance by allowing foul and surface water to escape from their property into the claimants' property
  2. 2 Whether the defendants knew or ought to have known of the nuisance
  3. 3 Whether the form of the injunction was sufficiently precise

Ratio Decidendi

The judge made sufficient findings that the defendants' property was the source of the nuisance, the defendants knew or ought to have known, reasonable remedies were available, and damages were properly attributed; the appeal was dismissed as the criticisms were unfounded.

Court Disposition

Appeal dismissed

Orders

  • Injunction against defendants to restrain continuation of the nuisance or any like nuisance, with time to carry out investigations and remedial work as identified in the expert report, and to provide certification of satisfactory completion.
  • Damages awarded to claimants for repairs, future repairs, and loss of rent as determined by the trial judge.