Swindon Borough Council v Forefront Estates Ltd [2012] EWHC 231 (TCC) (14 February 2012)

Swindon Borough Council v Forefront Estates Ltd [2012] EWHC 231 (TCC) (14 February 2012)

The Council was entitled to proceed under section 78 of the Building Act 1984 because the dangerous state of the roof posed a high risk of collapse and contamination, requiring immediate action. The works and expenses claimed (with certain deductions) were necessary and reasonably incurred to remove the danger. VAT and interest at 4% were recoverable. The Council was entitled to recover its costs of the proceedings, summarily assessed.

Citation
[2012] EWHC 231 (TCC)
Parties
Claimant: Swindon Borough Council; Defendant: Forefront Estates Limited
Jurisdiction
England and Wales
Judgment Date
14 February 2012
Procedural Posture
Claim for Recovery of Expenses Under Statutory Powers (building Act 1984) / Final Judgment After Trial; Defendant Not Represented at Hearing
Outcome
Claim allowed in part; judgment for the Claimant.
Legal Topics
Dangerous Buildings, Statutory Powers of Local Authorities, Recovery of Expenses, Building Act 1984 S.78, Listed Buildings, Emergency Works, Interest on Statutory Debts, Costs Assessment
Local Government Law Construction Law Property Law Dangerous Buildings Statutory Powers of Local Authorities Recovery of Expenses Building Act 1984 S.78 Listed Buildings +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Swindon Borough Council

Claimant

Forefront Estates Limited

Defendant

Procedural Posture

Claim for Recovery of Expenses Under Statutory Powers (building Act 1984) / Final Judgment After Trial; Defendant Not Represented at Hearing

Legal Issues

  1. 1 Whether the Council was entitled to recover expenses under section 78 of the Building Act 1984
  2. 2 Whether the Council might reasonably have proceeded under section 77 instead of section 78
  3. 3 Whether the works and expenses claimed were necessary and reasonably incurred under section 78

Ratio Decidendi

The Council was entitled to proceed under section 78 of the Building Act 1984 because the dangerous state of the roof posed a high risk of collapse and contamination, requiring immediate action. The works and expenses claimed (with certain deductions) were necessary and reasonably incurred to remove the danger. VAT and interest at 4% were recoverable. The Council was entitled to recover its costs of the proceedings, summarily assessed.

Court Disposition

Claim allowed in part; judgment for the Claimant.

Orders

  • Forefront Estates Limited to pay Swindon Borough Council £331,242.69 (including VAT) for expenses under section 78 of the Building Act 1984.
  • Forefront Estates Limited to pay interest of £13,249.71 at 4% for one year.