NUISANCE AND IMPUTED KNOWLEDGE

Mistry v Thakor [2005] EWCA Civ 953

In Mistry v Thakor [2005] EWCA Civ 953 the Court of Appeal held that the defendant owners of property were liable in nuisance on the basis of their imputed knowledge of defects in the building. The knowledge was imputed from the knowledge of the chartered surveyor whom they had employed and it was also found that the owners were themselves in breach of duty in failing to follow up advice which they had been given. The Court of Appeal did not decide whether an owner is to be imputed with knowledge which his professional agent ought to have but did not have. Finally, the Court of Appeal refused to interfere with the apportionment of responsibility by the trial judge. The Court of Appeal took a dim view of professionals who refuse to do things normally expected of them in their profession and who then seek to shift responsibility for events which occur onto the shoulders of their clients.