Jackson v The Vale of Glamorgan
| Jurisdiction | England & Wales |
| Judge | Lord Justice Lawrence Collins |
| Judgment Date | 02 December 2008 |
| Neutral Citation | [2008] EWCA Civ 1505 |
| Date | 02 December 2008 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: B2/2008/1039 |
[2008] EWCA Civ 1505
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CARDIFF COUNTY COURT
(HIS HONOUR JUDGE MASTERMAN)
Lord Justice Lawrence Collins
Case No: B2/2008/1039
THE APPELLANT APPEARED IN PERSON
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED
(Draft for Approval)
This is an application by Mrs Jackson, who appeared before me in person, for permission to appeal from the order of HHJ Masterman, sitting in the Cardiff County Court, dated 17 April 2008.
In that order the judge dismissed Mrs Jackson's claims against the council. Her claims were, firstly, a claim for unlawful eviction, including harassment and victimisation pursuant to Section 27(2) of the Housing Act 1988. Secondly, breaches of the Disability Discrimination Act 1995, consisting in obstruction of access to the premises let to her by the council over periods in 2004 and 2005; and thirdly, damages caused to her flat by a water leak from the flat above hers in August 2007. Mummery LJ refused permission to appeal on 7 August this year on the basis that essentially the judge's findings were findings of fact, with which an appeal court would not normally interfere.
I will endeavour to set out the background. Mrs Jackson has been the council's tenant since 1978 and her flat, number 2 Chichester Road, Penarth, is part of an estate comprising more than 600 units. At the date of the trial she was living elsewhere while repairs had to be carried out. Her complaints in relation to the Disability Discrimination Act start with incidents in May 2004 when steel barriers were erected instead of moveable barriers in front of the premises, and they remained in place until October 2004 when gates were constructed within the barriers. The erection of these permanent steel barriers meant that Mrs Jackson had to use steps to get to her flat, for which she needed assistance, and her allegation was that the council discriminated against her as a disabled person as a result, and she complained about this to the council in September 2004.
In December 2004 it seems that someone removed some of the paving stones near her front door, so that there was no longer a level surface which could be negotiated by her wheelchair. Mrs Jackson contended that the council maliciously impeded her access to the flat. On 14 August 2007 the flat flooded due to a water leak from the flat above, causing damage. Mrs Jackson says that it was the council that deliberately started the flooding in order to drive her...
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