Harvey Michaels / Valentina Michaels v. Taylor Woodrow Developments Ltd; Taylor Woodrow Property Company Ltd; Frogmore Estates Plc; and Harley House (Marylebone) Ltd [2000] EWHC Ch 178 (19th April, 2000)

Harvey Michaels / Valentina Michaels v. Taylor Woodrow Developments Ltd; Taylor Woodrow Property Company Ltd; Frogmore Estates Plc; and Harley House (Marylebone) Ltd [2000] EWHC Ch 178 (19th April, 2000)

The Landlord and Tenant Act 1987 does not confer a right to damages for breach of statutory duty, and where Parliament has specified limited remedies, no additional common law remedy arises. Consequently, a claim for conspiracy by unlawful means cannot be sustained where the underlying statutory breach is not...

Source-derived case information.

Citation
[2000] EWHC Ch 178
Parties
Claimant: Mrs. Michaels; Defendant: Taylor Woodrow Developments Limited (TW1); Defendant: Taylor Woodrow Property Company Limited (TW2); Defendant: Frogmore Estates plc; Defendant: Harley House (Marylebone) Limited (HHL)
Jurisdiction
England and Wales
Procedural Posture
Civil / Application to Strike Out Under Part 24 CPR
Outcome
Claim struck out
Legal Topics
Breach of Statutory Duty, Conspiracy by Unlawful Means, Economic Torts, Remedies Under Landlord and Tenant Act 1987, Strike Out Applications
Landlord and Tenant Tort Law Civil Procedure Breach of Statutory Duty Conspiracy by Unlawful Means Economic Torts Remedies Under Landlord and Tenant Act 1987 Strike Out Applications

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Summary, issues, holding and outcome

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Parties

Mrs. Michaels

Claimant

Taylor Woodrow Developments Limited (TW1)

Defendant

Taylor Woodrow Property Company Limited (TW2)

Defendant

Frogmore Estates plc

Defendant

Harley House (Marylebone) Limited (HHL)

Defendant

Procedural Posture

Civil / Application to Strike Out Under Part 24 CPR

Legal Issues

  1. 1 Does breach of the Landlord and Tenant Act 1987 give rise to a claim for damages, either as breach of statutory duty or as conspiracy by unlawful means?
  2. 2 Is a claim in conspiracy by unlawful means sustainable where the underlying statutory breach is not actionable by itself?
  3. 3 Should the proceedings be struck out as an abuse of process or for lack of damage?

Ratio Decidendi

The Landlord and Tenant Act 1987 does not confer a right to damages for breach of statutory duty, and where Parliament has specified limited remedies, no additional common law remedy arises. Consequently, a claim for conspiracy by unlawful means cannot be sustained where the underlying statutory breach is not actionable by itself. The claimant's case is therefore unarguable and must be struck out.

Court Disposition

Claim struck out

Orders

  • The proceedings are struck out under Part 24 CPR.