Issa & Anor v London Borough Of Hackney [1996] EWCA Civ 998 (19th November, 1996)

Issa & Anor v London Borough Of Hackney [1996] EWCA Civ 998 (19th November, 1996)

Section 94(2) of the Public Health Act 1936 does not create a civil cause of action for damages for breach of statutory nuisance; enforcement is limited to criminal penalties and summary orders. The statutory duty is not imposed for the benefit of a sufficiently defined class to justify a civil remedy, and most persons aggrieved by statutory nuisance already have common law remedies. Parliament did not intend to create a further or alternative civil cause of action for damages.

Citation
[1996] EWCA Civ 998
Parties
Plaintiff/respondent: Yasin Issa (Suing by his Next Friend and Father Ali Ahmed Issa); Plaintiff/respondent: Imran Issa (Suing by his Next Friend and Father Ali Ahmed Issa); Defendant/appellant: Mayor and Burgesses of London Borough of Hackney
Jurisdiction
England and Wales
Procedural Posture
Appeal From Central London County Court / Court of Appeal (civil Division) Final Judgment
Outcome
Appeal allowed; damages and interest awards discharged; actions dismissed.
Legal Topics
Statutory Nuisance, Civil Liability for Statutory Breach, Remedies for Tenants, Implied Covenants, Compensation for Health Injury
Public Health Law Landlord and Tenant Law Civil Procedure Statutory Nuisance Civil Liability for Statutory Breach Remedies for Tenants Implied Covenants Compensation for Health Injury

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Parties

Yasin Issa (Suing by his Next Friend and Father Ali Ahmed Issa)

Plaintiff/respondent

Imran Issa (Suing by his Next Friend and Father Ali Ahmed Issa)

Plaintiff/respondent

Mayor and Burgesses of London Borough of Hackney

Defendant/appellant

Procedural Posture

Appeal From Central London County Court / Court of Appeal (civil Division) Final Judgment

Legal Issues

  1. 1 Does section 94(2) of the Public Health Act 1936 create a civil cause of action for damages for breach of statutory nuisance?
  2. 2 Are tenants' children entitled to compensation for health injuries caused by statutory nuisance in council housing?

Ratio Decidendi

Section 94(2) of the Public Health Act 1936 does not create a civil cause of action for damages for breach of statutory nuisance; enforcement is limited to criminal penalties and summary orders. The statutory duty is not imposed for the benefit of a sufficiently defined class to justify a civil remedy, and most persons aggrieved by statutory nuisance already have common law remedies. Parliament did not intend to create a further or alternative civil cause of action for damages.

Court Disposition

Appeal allowed; damages and interest awards discharged; actions dismissed.

Orders

  • Assistant recorder's awards of damages and interest discharged.
  • Both actions by plaintiffs dismissed.