Fawcett & Ors v Phoenix Inns Ltd. & Anor

The trial judge made sufficient findings of fact and gave adequate reasons to support the conclusion that Phoenix Inns Limited was liable in nuisance for water ingress from the Talbot Hotel to 34 Market Place, and the damages and injunction awarded were justified and properly reasoned.

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

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5

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 Whether the trial judge erred in finding liability in nuisance against the defendants for water ingress from the Talbot Hotel to 34 Market Place
2 Whether the judge failed to make adequate findings of fact or give sufficient reasons for her conclusions on liability and damages
3 Whether the form of the injunction was impermissibly vague or wide

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Defendant/Appellant to pay Claimant/Respondent’s costs of and incidental to the appeal unless otherwise agreed
Time for compliance with injunction extended to 14/05/03