Townsend & Anor v Achilleas [2000] EWCA Civ 210 (6 July 2000)

Townsend & Anor v Achilleas [2000] EWCA Civ 210 (6 July 2000)

The fresh evidence from Mr Kalogirou could not reasonably have been obtained with diligence before trial, is apparently credible, and could have an important influence on the result; therefore, the appeal is allowed, the fresh evidence is admitted, and a retrial on causation is ordered.

Citation
[2000] EWCA Civ 210
Parties
Claimant: Ms Townsend; Defendant: Mr Achilleas
Jurisdiction
England and Wales
Judgment Date
06 July 2000
Procedural Posture
Civil Appeal / Appeal From Trial Judgment and Refusal to Admit Fresh Evidence
Outcome
appeal allowed
Legal Topics
Liability for Fire Damage, Admission of Fresh Evidence, Causation, Statutory Repair Obligations
Landlord and Tenant Tort Liability for Fire Damage Admission of Fresh Evidence Causation Statutory Repair Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Townsend

Claimant

Mr Achilleas

Defendant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment and Refusal to Admit Fresh Evidence

Legal Issues

  1. 1 Whether the trial judge erred in finding causation against the landlord for fire damage under section 11 of the Landlord and Tenant Act 1985 and section 4 of the Defective Premises Act
  2. 2 Whether fresh evidence should be admitted post-judgment to challenge the credibility of a key witness and the cause of the fire

Ratio Decidendi

The fresh evidence from Mr Kalogirou could not reasonably have been obtained with diligence before trial, is apparently credible, and could have an important influence on the result; therefore, the appeal is allowed, the fresh evidence is admitted, and a retrial on causation is ordered.

Court Disposition

appeal allowed

Orders

  • permission to adduce affidavit of Mr Kalogirou as fresh evidence
  • retrial of causation issue before a different judge