Branchett v Beaney
| Jurisdiction | England & Wales |
| Judgment Date | 14 February 1992 |
| Date | 14 February 1992 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Damages - mental distress - no award
A decision by a judge not to award damages to a statutory tenant for breach of an implied covenant for quiet enjoyment under the claimed heads of frustration, mental distress, injured feelings and annoyance when an access road had been constructed by the freehold owners for a new house, was a correct decision.
The Court of Appeal (Lord Justice Balcombe and Lord Justice Ralph Gibson) so held in a reserved judgment on January 31 when dismissing the appeal of Greta Myrie Blanchett, the statutory tenant, from the decision of Mr Assistant Recorder David Crome in Sittingbourne County Court on December 14, 1990, inter alia, that she was entitled to damages for trespass against Sidney and Polly Linda Beaney, the freehold owners, arising from the invasion of her garden for the purposes of constructing the access road but was not entitled to damages under the head of...
To continue reading
Request your trial
-
Sheila Ann Grange v Antony Allen Quinn and Another
...the Recorder's award of £300 damages. As a matter of law, the claimant was not entitled to damages for distress or inconvenience; see Branchett v Beaney [1992] 3 All ER 910. However these were factors he seems to have taken into account. In all those circumstances, I take the view that this......
- Baltic Shipping Company v Dillon
-
Chief Executive Officer (Housing) v Young and Another
...Co v Dillon (1993) 176 CLR 344, Barton v Lantsbery [2004] VCAT 926, Blackington Pty Ltd & Anor v Holder & Ors [2007] NSWSC 266, Branchett v Beaney [1992] 3 All ER 910, Celemajer Holdings Pty Ltd v Kopas [2011] NSWSC 40, Farley v Skinner [2002] 2 AC 732, Fawzi El-Saiedy v NSW Land and Hous......
-
Farley v Skinner
...It is surely sufficient to satisfy the test that the object of a particular part of the contract is to provide peace of mind. Thus in Branchett v Beaney [1992] 3 All ER 910 this court considered whether the object of the covenant of quiet enjoyment in a lease was to provide peace of mind or......