Cocking & Anor v Eacott & Anor

A licensor who retains possession and control of property and is aware of a nuisance but fails to abate it within a reasonable time is liable in nuisance for the acts of a licensee. Mrs Waring, as licensor, was in occupation and control, knew of the nuisance, and failed to abate it, thus is liable. The costs order was justified as she was a necessary party and refused reasonable settlement.

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 Judgment
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 Judgment

Legal Issues

1 Whether a licensor of residential property is liable in nuisance for acts of a licensee
2 Whether the judge was correct to hold Mrs Waring liable for nuisance as a licensor not in occupation
3 Whether the costs order against Mrs Waring was justified

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Mrs Waring's appeal on liability and costs is dismissed
Damages of £1,000 payable by Mrs Waring and £3,500 by Ms Eacott (as previously agreed)