Problem upon problem

Posted: 11th May 2012

Tower BlockA recent case shows how important it can be when providing a service to make sure that best practice is followed.Proble
The case was brought after a pigeon nest was removed from outside a council flat by a contractor. The nest was on top of a locked cupboard and, when it was removed, the contractors did not try to spray into the cupboard or to get it unlocked.
As a result, mites that had been in the pigeon nest migrated into the flat beside it. The tenants of the flat claimed against the council for the nuisance caused by the mites.
After expert evidence was given that the migration of the mites into the flat was foreseeable, the Court of Appeal ruled that the council's contractors had been negligent
It is not uncommon in circumstances such as this that the action taken in getting rid of one source of a nuisance to create another. When that is caused by the negligent performance of the original work, a claim may be possible.