Liverpool City Council, R (on the application of) v Derwent Holdings Ltd
The Crown Court was entitled to conclude, based on the evidence and correct application of the legal test, that the site was not seriously detrimental to the amenity of the neighbourhood; the burden of proof lay on Derwent Holdings; the statutory questions were properly answered.
- Parties
- Claimant: Liverpool City Council; Defendant: Derwent Holdings Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 14 March 2008
- Procedural Posture
- Appeal by Way of Case Stated / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Statutory Interpretation, Burden of Proof, Amenity of Neighbourhood, Building Debris, Appeals Procedure
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Liverpool City Council
Claimant
Derwent Holdings Ltd
Defendant
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Legal Issues
- 1 Whether the site at 522 Edge Lane was seriously detrimental to the amenity of the neighbourhood under Section 79 of the Building Act 1984
- 2 On whom the burden of proof lies in appeals against notices under Section 79
- 3 Whether the Crown Court applied the correct legal test for 'serious detriment'
Ratio Decidendi
The Crown Court was entitled to conclude, based on the evidence and correct application of the legal test, that the site was not seriously detrimental to the amenity of the neighbourhood; the burden of proof lay on Derwent Holdings; the statutory questions were properly answered.
Court Disposition
appeal dismissed
Orders
- Appellant to pay Derwent Holdings' costs to be subject to detailed assessment if not agreed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment