Sallyann Ball and Mark Anthony Ball v Plymouth City Council (Record no. 74202)

MARC details
000 -LEADER
fixed length control field 02131cab a2200277 4500
001 - CONTROL NUMBER
control field ABS67535
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040301n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u125280
245 ## - TITLE STATEMENT
Title Sallyann Ball and Mark Anthony Ball v Plymouth City Council
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWHC 134 (QB), 4 February 2004. Appeal by claimant tenants (B) against the dismissal in their county court claim for damages and specific performance in respect of dampness in their property and breach of an implied term of their tenancy agreement with their respondent landlord (P), under Landlord and Tenant 1985 s11 and/or Defective Premises Act 1972 s4. The judge, having to resolve whether B had proven that the dampness had been caused by an actionable defect in the structure or exterior of P's building, found on the basis of P's expert's report, in P's favour. B appealed, contending that the judge had given insufficient reasons for his decision and had taken irrelevant matters into account, in particular B's funding arrangements with their solicitors. "Held", appeal dismissed. B's expert's report had not buttoned down the chain of causation so as to persuade the judge that B's burden of proof had been discharged. Because of the incomplete picture derived from the expert reports presented, no further reasons could be given for the decision he made. Although the judge's discussion of B's solicitors' arrangements was irrelevant, this did not render his ultimate decision wrong or unjust. View judgment atwww.bailii.org.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DEFECTIVE PREMISES ACT 1972 S4
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DAMAGES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1985 S11
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CIVIL PROCEDURE RULES PART 52.11(3)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SPECIFIC PERFORMANCE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EXPERT WITNESS REPORT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DAMPNESS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BALL AND ANOTHER V PLYMOUTH CITY COUNCIL
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BURDEN OF PROOF
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TENANCY AGREEMENTS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/QB/2004/134.html">https://www.bailii.org/ew/cases/EWHC/QB/2004/134.html</a>
Public note View judgment on the BAILII website....
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 01/03/2004   ABS67535 125280-1001 06/08/2019 1 06/08/2019 Law report
    Dewey Decimal Classification     Virtual Virtual Online 03/03/2004   ONLINE 125280-2001 06/08/2019 1 06/08/2019 Law report