Source: All England Reporter
Publisher Citation: [2005] All ER (D) 193 (Nov)
Court: Court of Appeal, Civil Division

Auld, Jonathan Parker and Lloyd LJJ

Representation Adrian Davies (instructed by Neilson & Co) for the defendant.
  Norman Joss (instructed by Ingram Winter Green) for the claimant.
Judgment Dates: 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.

The Case

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.

If you are a LexisLibrary subscriber you can read more about this case here.