Swindon Borough Council v Forefront Estates Ltd

Swindon Borough Council v Forefront Estates Ltd

The Council was entitled to recover expenses under section 78 of the Building Act 1984 because the dangerous condition of the Mechanics’ Institute roof required immediate action, and it was not reasonable to proceed under section 77. The works and expenses claimed, including VAT and interest, were necessary and reasonably incurred. The Council is also entitled to its legal costs, assessed on a standard basis.

Parties
Claimant: Swindon Borough Council; Defendant: Forefront Estates Limited
Jurisdiction
England and Wales
Judgment Date
14 February 2012
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Dangerous Buildings, Statutory Powers, Recovery of Expenses, Interest on Statutory Charges, Costs Assessment
Building Law Local Government Law Dangerous Buildings Statutory Powers Recovery of Expenses Interest on Statutory Charges Costs Assessment

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Parties

Swindon Borough Council

Claimant

Forefront Estates Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

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 recover expenses under section 78 of the Building Act 1984 because the dangerous condition of the Mechanics’ Institute roof required immediate action, and it was not reasonable to proceed under section 77. The works and expenses claimed, including VAT and interest, were necessary and reasonably incurred. The Council is also entitled to its legal costs, assessed on a standard basis.

Court Disposition

Claim allowed

Orders

  • Forefront Estates Limited to pay Swindon Borough Council £331,242.69 (including VAT) as expenses under section 78 of the Building Act 1984.
  • Forefront Estates Limited to pay interest of £13,249.71 on the expenses.