Housing law practitioners will welcome a significant new High Court decision that provides the first detailed judicial guidance on section 9A of the Landlord and Tenant Act 1985 and the concept of “fitness for human habitation”.

In this insightful article, Ethan Riley examines the implications of Harvey v Heaver, a case that is likely to shape the future of housing conditions litigation. The judgment offers much-needed clarity on when a property can be considered unfit for human habitation, the role of damp and mould claims, and the growing importance of HHSRS hazards in assessing landlords’ obligations.

The article highlights:

• The High Court’s first comprehensive analysis of section 9A and the Homes (Fitness for Human Habitation) Act 2018.
• The key legal tests that courts will apply when determining whether a property is fit to live in.
• Why risk to health and safety is not the only factor; comfort and convenience can also be decisive.
• The significance of prescribed hazards and local authority assessments in future claims.
• Important practical lessons for housing litigators arising from the defendant’s unsuccessful attempt to amend their case at trial.

Ethan provides a clear and practical analysis of this important decision, the article is essential reading for solicitors, barristers, housing professionals, landlords and tenant representatives alike.

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Luke Menary has successfully secured a settlement equivalent to £4 million for a claimant who suffered life-changing injuries following a serious road traffic accident. The claimant sustained an above-knee amputation and a significant, persistent abdominal hernia, likely inoperable, which will require lifelong management. This outcome provides crucial financial support to ensure the claimant’s future care and rehabilitation needs are met.

The case involved highly complex legal arguments surrounding contributory negligence, including issues relating to alcohol consumption and seatbelt use, as well as detailed disputes over quantum. Matters were further complicated by the claimant’s personal history, which included youth and adult prison sentences, psychological disorders, physical ill-health, and the defendant’s contention that he was institutionalised. Luke’s expertise and strategic advocacy were pivotal in overcoming these challenges and achieving a fair and substantial settlement.

This settlement will enable the claimant to access advanced prosthetics, professional care and services, specially adapted accommodation, a dedicated case manager, ongoing treatments and therapies, adapted transport, and appropriate aids and equipment. It also includes enhanced provision for holidays to cater for additional needs, significantly improving the claimant’s quality of life and independence.

This result underscores the critical need for compensation packages that reflect the unique challenges and aspirations of each claimant, ensuring their long-term wellbeing and independence. Luke’s handling of this matter demonstrates the exceptional capability within Liverpool Civil Law to navigate complex, high-value personal injury cases with precision and care.

Niazi Fetto KC Secures £11+ million Compensation

A man whose life and career were irreparably damaged by a severe brain injury sustained in a road traffic collision has secured a deserved compensation settlement valued at over £11 million. The injury occurred in 2020 when he was struck by a negligent driver, leaving him with catastrophic injuries that transformed his life overnight.

The High Court approved the settlement package, which was agreed with the driver’s insurers. The comprehensive award includes a Periodical Payments Order, linked to national average earnings data, to ensure that, as carer wages rise, the victim will receive the financial support necessary to meet his lifelong care and rehabilitation needs.

He was represented by Niazi Fetto KC of Liverpool Civil Law.

From Independence to 24-Hour Care

Prior to the accident, the victim led a fully independent and active lifestyle.  As a result of the collision, he suffered a severe brain injury that resulted in profound physical and cognitive impairments. He now requires full-time, 24-hour care, specialist therapies, and adapted accommodation to maintain quality of life.

What the Settlement Covers

The value of the settlement reflects the complexity of his ongoing needs, including:

• Specialist care and nursing support
• Therapy and rehabilitation programs
• Assistive technology and adapted housing

It was vital that the victim secured the Periodical Payments Order, without which there would have been a risk of inadequate funding and collapse of his support network later in life.

A stark reminder

The case serves as a stark reminder of the devastating consequences of road traffic collisions. The victim was a gainfully employed family man who played a full and active part in community life. No compensation package can restore all that he has lost.

About Liverpool Civil Law

Liverpool Civil Law is a leading barristers’ chambers specialising in civil law. Our team is committed to delivering justice and ensuring that victims of serious injury receive the compensation and support they deserve.

William Thorpe achieved a successful outcome in a complex two-day multi-track trial on behalf of his client against a police authority arising from a road traffic accident. The claimant, a young motorcyclist, sustained a serious ankle fracture when his moped was involved in a collision with a police vehicle.

The defendant police force maintained a complete denial of liability throughout the proceedings, contending that the claimant bore sole responsibility for the incident. The case was further complicated by the defendant’s formal allegations of fundamental dishonesty, which were vigorously defended and subsequently dismissed by the presiding judge.

A pivotal moment in the trial occurred during Mr. Thorpe’s cross-examination of multiple serving police officers, whose testimony was ultimately found to be unreliable by the court. Following careful consideration of all evidence presented, the judge delivered judgment in favour of the claimant and awarded substantial damages.

This successful resolution demonstrates the critical importance of thorough case preparation, skilled advocacy, and rigorous examination of witness evidence, particularly when challenging the testimony of institutional defendants. The outcome underscores the court’s commitment to impartial evaluation of evidence, regardless of the status of the parties involved.

£400,000 Settlement Secured for Injured Roofer Following Joint Settlement Meeting

William Thorpe has successfully negotiated a £400,000 settlement at a Joint Settlement Meeting for a young roofer who sustained a serious ankle fracture in a workplace accident. The injury required early fusion surgery, resulting in permanent limitations and the claimant’s inability to return to his trade.

The case presented complex issues surrounding future care and support needs, as well as the claimant’s residual earning capacity. With roofing no longer a viable career option, careful consideration was given to alternative employment prospects and the long-term impact of the injury on the claimant’s financial independence.

In addition to the physical consequences, the settlement reflects the broader implications of the injury on the claimant’s lifestyle and future wellbeing. The award will help meet the costs of necessary services and support, ensuring the claimant can maintain a good quality of life despite the challenges ahead.

This outcome highlights the importance of thorough preparation and strategic negotiation in cases involving serious orthopaedic injury and loss of livelihood.

David Pilling Negotiates £2.7 Million Settlement in Isle of Man Clinical Negligence Case

David Pilling travelled to the Isle of Man to represent the Isle of Man Government in a mediation concerning a long-running clinical negligence claim. The case involved a then 15-year-old claimant who had suffered severe neurological and vascular injuries due to the admitted failure of medical professionals to diagnose and treat sepsis in a timely manner. The consequences of the negligence were life-altering, with claims encompassing the cost of accommodation, long-term care, and lifelong loss of earnings.

The mediation marked a significant moment in the case, which had been ongoing for several years. The claimant’s Schedule of Loss totalled approximately £4.8 million, reflecting the extensive impact of the injuries on their future wellbeing and financial independence. Interim payments of £77,800 had previously been made to support the claimant’s immediate needs while negotiations continued.

Following detailed discussions, the mediation was successfully concluded with a lump sum net settlement of £2.7 million. This resolution brings closure to a complex case and ensures that the claimant will have access to the resources necessary for long-term support and rehabilitation.

The outcome highlights the importance of mediation in resolving high-value clinical negligence disputes, particularly where liability is admitted but the scope of damages remains contested.