Holbeck Hall Hotel Ltd v Scarborough 57 Con LR 113;
Citation: (1997) 2 EGLR 213; [1997] NPC 141; Times, October 15, 1997; Independent, October 13, 1997 (TCC)
Nature of case:
Following a major land-slip on the coast, the hotel owned by the claimants was seriously damaged. The claimants sued the Council, as the owner of the land which had slipped, alleging removal of support, breach of a common law duty and breach of covenant.
The court rejected the arguments based on removal of support and breach of covenant, but held that the Council owed a ‘measured duty of care’ to the hotel owners and were in breach of that duty in the way they had carried out earlier remedial works to the land. The Council appealed to the Court of Appeal.
