Argue (Pauline) and Northern Ireland Housing Executive
| Jurisdiction | Northern Ireland |
| Judge | Gillen LJ |
| Judgment Date | 05 April 2016 |
| Neutral Citation | [2016] NICA 18 |
| Date | 05 April 2016 |
| Year | 2016 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2016] NICA 18 Ref:
GIL9914
Judgment: approved by the Court for handing down Delivered:
5/4/2016
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_______
BETWEEN:
PAULINE ARGUE
Plaintiff/Appellant;
and
NORTHERN IRELAND HOUSING EXECUTIVE
Defendant/Respondent.
________
Before: GILLEN LJ, WEIR LJ and Deeny J
________
GILLEN LJ (giving the judgment of the court)
[1] This is an appeal against the decision of Maguire J who dismissed a claim for
personal injuries brought by the plaintiff/appellant (“the appellant”) against the
defendant/respondent (“the respondent”) arising out of an accident which occurred
on 7 February 2010. The injury was sustained when the appellant fell due to a defect
in the staircase of her home where she was a tenant of the respondent.
[2] Of relevance to this appeal is the finding of the learned trial Judge that the
respondent had not been in breach of Sections 1 or 2 of the Defective Premises
(Landlord’s Liability) Act (Northern Ireland) 2001. He also found that there had
been no breach of Article 3 of the Defective Premises (Northern Ireland) Order 1975.
The latter finding is not a subject of the appeal.
Background
[3] The appellant and her husband were tenants of the respondent at 19 Avonlea
Gardens, Rathcoole. The house was constructed in 1954 and refurbished in 1989.
The appellant’s tenancy commenced in 1997 and since that time no work has been
done to the staircase in the house.
[4] On 7 February 2010 the plaintiff was injured when she fell due to a defect in
the staircase of the house. A defect was subsequently identified on the third stair but
To continue reading
Request your trial