000			02131cab a2200277 4500
001			ABS67535
008			040301n2004 000 0 eng u
035			_a(Sirsi) u125280
245			_aSallyann Ball and Mark Anthony Ball v Plymouth City Council
260			_c2004
520			_a[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			_aABS
650			_aDEFECTIVE PREMISES ACT 1972 S4
650			_aDAMAGES
650			_aLANDLORD AND TENANT ACT 1985 S11
650			_aCIVIL PROCEDURE RULES PART 52.11(3)
650			_aSPECIFIC PERFORMANCE
650			_aEXPERT WITNESS REPORT
650			_aDAMPNESS
650			_aBALL AND ANOTHER V PLYMOUTH CITY COUNCIL
650			_aBURDEN OF PROOF
650			_aTENANCY AGREEMENTS
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.bailii.org/ew/cases/EWHC/QB/2004/134.html _zView judgment on the BAILII website....
942			_n0
999			_c74202 _d74202