Manolete Partners Plc v Hastings Borough Council

Manolete Partners Plc v Hastings Borough Council

The phrase 'in default' in section 106 of the Building Act 1984 refers only to breaches of obligations under the Act itself; Stylus was not in default under the Act and is entitled to compensation for losses caused by the Council's exercise of emergency powers under section 78.

Parties
Claimant/respondent: Manolete Partners Plc; Defendant/appellant: Hastings Borough Council
Jurisdiction
England and Wales
Judgment Date
07 May 2014
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed; judgment for claimant upheld.
Legal Topics
Statutory Interpretation, Compensation for Damage, Default Under Statute, Occupiers' Liability, Health and Safety, Ex Turpi Causa
Public Law Compensation Law Building Law Statutory Interpretation Compensation for Damage Default Under Statute Occupiers' Liability Health and Safety +1 more

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Parties

Manolete Partners Plc

Claimant/respondent

Hastings Borough Council

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Stylus was 'in default' within section 106 of the Building Act 1984
  2. 2 Whether, absent section 78, Stylus would have a cause of action against the Council
  3. 3 Application of ex turpi causa rule to compensation claims under section 106

Ratio Decidendi

The phrase 'in default' in section 106 of the Building Act 1984 refers only to breaches of obligations under the Act itself; Stylus was not in default under the Act and is entitled to compensation for losses caused by the Council's exercise of emergency powers under section 78.

Court Disposition

Appeal dismissed; judgment for claimant upheld.

Orders

  • Declaration that the Council is liable to make full compensation under section 106 of the Building Act 1984 for damage sustained by reason of exercise of powers under section 78 in preventing public access to Stylus Sports Limited’s premises on Hastings pier between 16 June 2006 and 12 September 2006.