||All England Reporter
|| All ER (D) 193 (Nov)
||Court of Appeal, Civil Division
Auld, Jonathan Parker and Lloyd LJJ
||Adrian Davies (instructed by Neilson & Co) for the defendant.
||Norman Joss (instructed by Ingram Winter Green) for the claimant.
||15 November 2005
Negligence - Duty to take care - Damage to property of another - Damage to claimant's flat caused by water leak from defendant's flat - Whether defendant negligent - Whether claimant entitled to recover for lost rent.
In the circumstances of the case, the judge below had been entitled to find that the defendant had been in breach of his duty of care in respect of water leaks from his flat into a flat held on a lease and sub-let by the claimant, and the claimant had been entitled to recover in respect of lost rent. The judge had, however, fallen into error in so far as he had allowed the claimant to recover certain loss adjusters' fees, since that loss had been too remote.
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