Source: All England Reporter
Publisher Citation: [2012] All ER (D) 181 (Feb)
Neutral Citation: [2012] EWHC 231 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Ramsey J
Representation Alan Steynor (instructed by the Director of Law and Democratic Services, Swindon Borough Council) for the authority. 
  The company did not appear and was not represented.
Judgment Dates: 14 February 2012

Catchwords

Building - Building control - Repair or maintenance of building - Local authority - Defendant company owning building housing theatre - Local authority inspecting building and finding roof of theatre at risk of collapsing - Authority assessing building as dangerous and carrying out repairs to roof - Authority bringing proceedings against defendant to recover costs of repairs - Whether authority following correct procedure - Whether authority entitled to recover costs - , .

The Case

Building Building control Repair or maintenance of building. The Technology and Construction Court held that the claimant local authority had acted reasonably in its decision to take immediate action to repair a roof of a building owned by the defendant company, which posed a danger to the public and that the authority was entitled to recover the cost of doing so under s78 of the .

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