Property Damage in UK Law

Leading Cases
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977

    First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.

    In my opinion they may also include damage to the dwelling-house itself; for the whole purpose of the byelaws in requiring foundations to be of certain standard is to prevent damage arising from weakness of the foundations which is certain to endanger the health or safety of occupants.

    It can only arise when the state of the building is such that there is present or imminent danger to the health or safety of persons occupying it. We are not concerned at this stage with any issue relating to remedial action nor are we called upon to decide upon what the measure of the damages should be; such questions, possibly very difficult in some cases, will be for the court to decide.

  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970

    Donoghue v. Stevenson [1932] A.C. 562 may be regarded as a milestone, and the well-known passage in Lord Atkin's speech should I think be regarded as a statement of principle. It is not to be treated as if it were a statutory definition. But I think that the time has come when we can and should say that it ought to apply unless there is some justification or valid explanation for its exclusion.

  • D & F Estates Ltd v Church Commissioners for England
    • House of Lords
    • 14 Jul 1988

    If the same principle applies in the field of real property to the liability of the builder of a permanent structure which is dangerously defective, that liability can only arise if the defect remains hidden until the defective structure causes personal injury or damage to property other than the structure itself.

  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 May 1932

    You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.

  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 Jun 1940

    A balance has to be maintained between the right of the occupier to do what he likes with his own, and the right of his neighbour not to be interfered with. It is impossible to give any precise or universal formula, but it may broadly be said that a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society.

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  • Criminal Damage Act 1971
    • UK Non-devolved
    • January 01, 1971
    ... . . Criminal Damage Act 1971 1971 CHAPTER 48 . An Act to revise the law of England and Wales as to offences of damage to property, and to repeal or amend as respects the United Kingdom certain enactments relating to such offences; and for connected purposes. . [14th July 1971] ......
  • Serious Crime Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... S-1 . Determination of extent of defendant's interest in property 1 Determination of extent of defendant's interest in property . After ... PPO receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or ......
  • Latent Damage Act 1986
    • UK Non-devolved
    • January 01, 1986
    ...... actions in relation to actions for damages for negligence not involving personal injuries; and to provide for a person taking an interest in property to have, in certain circumstances, a cause of action in respect of negligent damage to the property occurring before he takes that interest. [18th ......
  • Space Industry Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... (d) (d) the requirements of persons with interests in property carried by spacecraft; . (e) (e) any environmental objectives set by the ... (c) (c) for preserving order within the spaceport and preventing damage to property within it; . (d) (d) for requiring any person, if so ......
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Books & Journal Articles
  • Compensation for harm caused by nuclear installations: what’s the damage?
    • Nbr. 10-1, April 2018
    • Journal of Property, Planning and Environmental Law
    • 17-35
    Purpose: This paper aims to explain the changes to the liability regime for nuclear installations before reviewing the traditional heads of damage under the 1965 Act. It argues that while there is ...
    ...... to an “occurrence”in the purposes of the 1965 Act, disappointingly, little hasbeen done to clarify how concepts of personal injury and property damage under the Act sit alongsidetraditional tort notionsleaving the law highly dependent on earlier, but not always consistent,case law. Thepaper ......
  • Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice
    • Nbr. 36-1, April 2003
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    Abstract Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a nu...
    ...... 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that ......
  • Predictive validity of the START with intellectually disabled offenders
    • Nbr. 16-1, February 2014
    • The Journal of Forensic Practice
    • 78-88
    Purpose: – Offenders with intellectual disability (ID) have been largely neglected in past forensic literature on assessment of dynamic risk factors. The purpose of this paper is to evaluate the pr...
    ...... to others (area under the curve(AUC)¼0.710, p o0.001) and property damage/theft (AUC¼0.730, po0.001), over a 30-day period,reducing to ......
  • Contaminated properties, trespass, and underground rents
    • Nbr. 30-3, April 2012
    • Journal of Property Investment & Finance
    • 304-320
    Purpose: This paper seeks to extend the literature on property damage assessment by incorporating the right of exclusion as a compensable component to damages. The paper aims to go on to illustrate...
    ...... – This paper seeks to extend the literature on property damage assessment by incorporatingthe right of exclusion as a compensable ......
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Law Firm Commentaries
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