Blaenau Gwent Borough Council v Sabz Ali Khan

JurisdictionEngland & Wales
Judgment Date04 May 1993
Date04 May 1993
CourtFamily Division

Queen's Bench Divisional Court

Blaenau Gwent Borough Council
and
Sabz Ali Khan

Building - "person carrying out the work"

Owner liable for unlawful work on premises

The owner of premises could be "the person carrying out the work" within the meaning of regulation 14(3) of the Building Regulations (SI 1985 No 1065) if he had authorised and commissioned the work. Regulation 14(3) did not necessarily apply solely to the person who physically carried out the work.

The Queen's Bench Divisional Court (Lord Justice Stuart-Smith and Justice Potts) so held on April 21 when allowing an appeal by way of case stated by Blaenau Gwent Borough Council in respect of the adjudication of Merthyr Tydfil Justices allowing Sabz Ali Khan's appeal on the basis that, inter alia, nothing in the regulations stated that the owner of the premises was to be deemed to be "the person carrying out the work" merely by reason of his ownership of the premises where such work was carried out.

LORD JUSTICE STUART-SMITH said that too...

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3 cases
  • Lee Kuan Yew v Tang Liang Hong and Another
    • Singapore
    • Court of Appeal (Singapore)
    • 12 November 1997
    ...classes of case as being comparable: at [127] to [130].] Abdul Majeed v Yeo Chng Tay [1964] MLJ 75 (refd) Arab Monetary Fund v Hashim The Times (4 May 1993); The Independent (30 April 1993) (refd) Bainton v Rajski (1992) 29 NSWLR 539 (folld) Barrister (Wasted Costs Order) (No 1 of 1991), In......
  • H Leverton Ltd v Crawford Offshore (Exploration) Services Ltd ((in Liquidation))
    • United Kingdom
    • Queen's Bench Division
    • 11 October 1996
    ...to any Rules of the Supreme Court. The principles were set out by Lord Justice Balcombe in Symphony Group plc v HodgsonTLRELR (The Times May 4, 1993; [1994] QB 179, 192H-194D) as follows: 1 An order against a non-party was exceptional and should be approached with caution. 2 It would be eve......
  • Deutsche Bank AG v Sebastian Holdings Inc.
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 January 2016
    ...bear some or all of the other side's costs if the litigation was unsuccessful. The guidelines in Symphony Group Plc v HodgsonTLRELR (The Times May 4, 1993; [1994] QB 179) were intended merely to provide guidance, not to lay down rules, since each case turned on its own facts. The exercise o......
1 books & journal articles
  • Administrative and Constitutional Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2006, December 2006
    • 1 December 2006
    ...that there is material upon which he can properly do so’, citing at [68] the English Court of Appeal in Arab Monetary Fund v Hashim (The Times, 4 May 1993). She also found apt L P Thean JA”s observations in Tang Liang Hong v Lee Kuan Yew[1998] 1 SLR 97 at [51] on the need for judicial vigil......

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