Bayoumi v Protim Services Ltd [1996] EWCA Civ 885 (6th November, 1996)

Bayoumi v Protim Services Ltd [1996] EWCA Civ 885 (6th November, 1996)

The defendants breached their contractual and statutory duty by failing to carry out remedial work in a workmanlike manner, materially contributing to the premises being unfit for habitation; the flooding was caused by a fault in the dehumidifier supplied under contract, and damages for loss of use and travel costs are recoverable as natural consequences of the breach.

Citation
[1996] EWCA Civ 885
Parties
Plaintiff/respondent: Abdel-Hadey Mahmoud Bayoumi; Defendant/appellant: Protim Services Limited
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Defective Premises, Breach of Contract, Negligence, Measure of Damages
Contract Law Tort Law Statutory Duty Defective Premises Breach of Contract Negligence Measure of Damages

Case Brief

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Parties

Abdel-Hadey Mahmoud Bayoumi

Plaintiff/respondent

Protim Services Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the defendants breached their contractual and statutory duty under the Defective Premises Act 1972
  2. 2 Whether the flooding was caused by a fault in the dehumidifier supplied by the defendants
  3. 3 Whether damages for loss of use, enjoyment, and travel costs are recoverable under the Act

Ratio Decidendi

The defendants breached their contractual and statutory duty by failing to carry out remedial work in a workmanlike manner, materially contributing to the premises being unfit for habitation; the flooding was caused by a fault in the dehumidifier supplied under contract, and damages for loss of use and travel costs are recoverable as natural consequences of the breach.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs
  • stay removed