Diminution in value is recoverable and causation is not a defence to a claim where there is a continuing nuisance. To view the full Judgement, please click here.
Philip Davy represents successful Appellant in the Supreme Court – Armes -v- Nottinghamshire County Council [2017] UKSC 60
The Supreme Court has today handed down judgment in Armes -v- Nottinghamshire County Council [2017] UKSC 60 (also known as NA -v- Nottinghamshire County Council), an appeal dealing with ‘non-fault’ liability of a defendant (here, a local authority) for the intentional acts of a non-employee (here, a foster parent).
In a landmark decision, Lady Hale, Lord Reed, Lord Kerr and Lord Clarke (Lord Hughes dissenting) have decided that it is fair, just and reasonable to extend the doctrine of vicarious liability, on the part of a local authority, to cover the acts – even deliberate and intentional acts – of foster parents towards a foster child, even in the absence of any fault on the local authority’s part.
Please click here for a commentary
Please click here for the Judgment.
Diminution in value is recoverable and causation is not a defence to a claim where there is a continuing nuisance. To view the full Judgement, please click here.
Tom Carter appeared for the Defendant in a high profile unlawful eviction trial reported in the press. The Judgment has been reserved. To read more, please click here.
John Campbell represented the successful Rule 6 Party at a public inquiry where controversial proposals for one of the largest solar farm projects in the UK were dismissed and a costs order made against the developer for “unreasonable behaviour”. You can read more about the case here: BBC News Derby Telegraph