News

A successful personal injury claim on behalf of a four year old whose health was blighted by disrepair has highlighted opportunities for housing lawyers to pursue the personal injury element  in such cases.

Our client was four years of age when he instructed us by his litigation friend, his mother.

The associated disrepair claim concerned a leak emanating from a balcony of their neighbour’s flat above. The same local authority owned our client’s home and the flat above. The leak started in September 2020 and became progressively worse. We instructed an expert surveyor and a disrepair claim was issued.  Eventually, remedial works were completed in early January 2023.  It was our position that our client’s health conditions namely, asthma and repeated chest infections, were caused by the disrepair.

We served a letter before claim regarding the personal injury element and obtained an expert report prepared by a consultant respiratory paediatrician. Subsequently, the opponents agreed a figure for damages in respect of the personal injury element and agreed to pay our costs.

Key Considerations for Housing Lawyers

1.Does the fixed costs regime apply?

The potential of such claims being caught by the fixed costs regime is generally the most dissuasive factor. We were not caught by the fixed costs regime because our client was a protected party.  Other reasons where fixed costs may not apply in such cases are likely to include cases where vulnerable parties or witnesses have resulted in additional work or where the cause of action accrues on or after 1 October 2023. 

2.Evidential Issues

We had obtained an expert report from a surveyor as part of the disrepair claim, that was funded by legal aid and we had a CFA in place in respect of the damages aspect of the disrepair claim.

We then obtained an expert report regarding the personal injury from a consultant respiratory paediatrician, a GP letter or evidence is unlikely to be sufficient especially if you are acting for a minor or other protected party. For respiratory illnesses, there can often be multiple causes, advise your client of that from the outset.  It took over two years for the landlord to remedy the leak. Throughout the course of the earlier disrepair claim and the subsequent personal injury matter, at regular intervals we collected video and photographic evidence of the extent of the leak. The more compelling the factual evidence of an environmental cause such as, a progressive leak, the more likely weight will be given to that as a potential causative factor by a medical expert.

It will be housing lawyers who are more likely to come across such potential personal injury cases arising from disrepair but we hope this case encourages more teams to consider taking such cases on.

The Tragic Case of Awaab Ishak

The need for accountability in housing is underscored by the tragic death of two-year-old Awaab Ishak in 2020. Awaab lived in a housing association flat plagued by severe damp and mould. Despite repeated warnings from his family, the landlord failed to address the disrepair. Awaab’s death was caused by prolonged exposure to mould, as confirmed by a coroner’s report. This heartbreaking case serves as a stark reminder of the life-threatening consequences of poor housing conditions and the urgent need for landlords to meet their repairing obligations.

The matter was funded by means of a Conditional Fee Agreement (CFA.)  Sadaf Mir was solicitor with conduct of the matter. Edward Fitzpatrick of Garden Court Chambers was counsel.

About Housing Solicitor Sadaf Mir

Sadaf Mir is a highly experienced solicitor in the Housing Department at Duncan Lewis Solicitors, specialising in possession, homelessness, disrepair, and judicial review cases. Since qualifying in 2011, Sadaf has been dedicated to promoting social justice, working predominantly under legal aid to represent vulnerable clients, including asylum seekers, victims of trafficking, and those with no recourse to public funds. She has a strong interest in homelessness cases and has achieved significant successes, including challenging a local authority's failure to follow domestic violence policies, resulting in a public apology to her client.

Contact Sadaf via email at sadafm@duncanlewis.com or by telephone at 020 7923 8468.

Duncan Lewis

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. The company was crowned Law Firm of the Year 2024 at the LexisNexis awards, and noted for its commitment to providing justice for all.