Davies v Stockwell (t/a R & R Stockwell Builiding Contractors)

Davies v Stockwell (t/a R & R Stockwell Builiding Contractors)

There is an arguable point whether the defendant should be held liable in law for leaving property in a situation where it is foreseeable that vandals would create a danger, but permission to appeal is granted as the issue is not clear-cut.

Parties
Claimant/respondent: Natalie Davies; Defendant/appellant: Ronald Stockwell t/a R & R Stockwell Building Contractors
Jurisdiction
England and Wales
Judgment Date
15 April 2005
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Liability for Acts of Third Parties, Duty of Care, Personal Injury
Tort Law Liability for Acts of Third Parties Duty of Care Personal Injury

Case Brief

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Parties

Natalie Davies

Claimant/respondent

Ronald Stockwell t/a R & R Stockwell Building Contractors

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendant is liable for injury caused by the acts of vandals exploiting a state of danger allegedly created by the defendant

Ratio Decidendi

There is an arguable point whether the defendant should be held liable in law for leaving property in a situation where it is foreseeable that vandals would create a danger, but permission to appeal is granted as the issue is not clear-cut.

Court Disposition

permission to appeal granted

Orders

  • Application allowed
  • Appeal to be heard before three judges, one of whom can be a High Court judge, with a time limit of half a day