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Landlord and tenant – Repair. The Queen's Bench Division, in dismissing the claimant's appeal against the dismissal of her claim against the defendant for damages under s 4 of the Defective Premises Act 1972, held that the purpose of s 4(4) of the Act was not to create a strict liability, but to extend the application of s 4(1) of the Act to relevant defects which were outwith its scope and, therefore, to bring them within the scope of the section as a whole. Its purpose was not to confer an additional or alternative route to recovery where the claim under s 4(1) failed on its facts because s 4(2) was unsatisfied.
Landlord and tenant – Repair. The Queen's Bench Division, in dismissing the claimant's appeal against the dismissal of her claim against the defendant for damages under s 4 of the Defective Premises Act 1972, held that the purpose of s 4(4) of the Act was not to create a strict liability, but to extend the application of s 4(1) of the Act to relevant defects which were outwith its scope and, therefore, to bring them within the scope of the section as a whole. Its purpose was not to confer an additional or alternative route to recovery where the claim under s 4(1) failed on its facts because s 4(2) was unsatisfied.
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In this month’s column, Chair of the Bar Sam Townend KC highlights the many reasons why barristers should pay the Bar Representation Fee and back the Bar Council’s efforts on behalf of the profession