Bole & Anor v Huntsbuild Ltd

Bole & Anor v Huntsbuild Ltd

There is an arguable question as to whether the statutory test of fitness for habitation was satisfied, given the lack of immediate risk of collapse and the need for a more specific analysis of defects; permission to appeal is granted for full consideration.

Parties
Appellants: Bole & Anr; Respondent: Huntsbuild Ltd
Jurisdiction
England and Wales
Judgment Date
15 June 2009
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Defective Premises Act 1972, Fitness for Habitation, Duty of Care, Damages
Construction Law Tort Law Contract Law Defective Premises Act 1972 Fitness for Habitation Duty of Care Damages

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Parties

Bole & Anr

Appellants

Huntsbuild Ltd

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Meaning and effect of 'fitness for habitation' under section 1(1) of the Defective Premises Act 1972
  2. 2 Whether the judge applied the correct legal test for unfitness for habitation
  3. 3 Appropriate assessment of defects affecting fitness for habitation

Ratio Decidendi

There is an arguable question as to whether the statutory test of fitness for habitation was satisfied, given the lack of immediate risk of collapse and the need for a more specific analysis of defects; permission to appeal is granted for full consideration.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal is granted