Source: All England Reporter
Publisher Citation: [2012] All ER (D) 119 (Feb)
Court: Court of Appeal, Civil Division
Judge: Longmore and Aikens LJJ (judgment delivered extempore)
Representation Sylvester Carrott (instructed by Kingston and Richmond Law Centre) for the claimant.
  David Lintott (instructed by Sharpe Pritchard) for the authority.
Judgment Dates: 16 February 2012

Catchwords

Negligence - Duty to take care - Foreseeable harm - Claimant being tenant of defendant local authority landlord - Defendant removing pigeon nest from cupboard adjacent to property and de-infesting some of the area - Claimant suffering infestation of poultry mites in property - Court finding authority not acting unreasonably in not de-infesting all of area or inside property - Whether judge erring - Whether risk of infestation foreseeable on basis of expert evidence before court.

The Case

Negligence Duty to take care. The Court of Appeal, Civil Division, in allowing the claimant's appeal against a dismissal of her action against the defendant local authority in respect of an infestation of poultry mites in her council flat, held that the judge at first instance had erred in reaching the conclusions that he had in the face of the unanimous and uncontested expert evidence that had been before him.

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