Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
Three learning-disabled residents of the charity’s Botton Village community had previously maintained that their Article 8 human rights had been infringed. They sought a Judicial Review of the charity’s actions but this was twice refused in the courts on the basis that their claim was not arguable. It is anticipated that the abandonment of their appeal will signal the end of the Judicial Review claim.
The chances of the claimants’ appeal being successful had always appeared limited. In his judgment of 15 April, (which was being appealed), Mr Justice Knowles clearly stated: ‘It is not arguable that Article 8 has been breached. It is my firm view it is in the interests of all concerned that this is appreciated now.’ His assessment was that it was “obvious now its unrealistic to examine the issue [of living arrangements] in isolation” from the “multi-dimensional context”.
Anthony Collins Solicitors and counsel Christopher Baker of Arden Chambers represented the charity.
Helen Tucker, Partner of Anthony Collins Solicitors, stated: “The Charity do not know why the appeal has been abandoned but are relieved it has been and that they no longer need to use their resources to defend this legal action”.
Separate Court action against the charity by campaigners claiming the trustees have acted ultra vires continues. The charity and the claimants are currently co-operating on the arrangements for legal mediation which will be held prior to a further administrative hearing expected in the summer.
For further information
For further information, please contact Kate Granger
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