Court of Appeal clarifies that 10% uplift in damages applies in housing disrepair cases

Tuesday 21 June 2022

The Court of Appeal has today handed down judgment in Khan v Mehmood, Housing Law Practitioners Association intervening.

Liz Davies QC and Marina Sergides of the Garden Court Chambers Housing Team acted for the interveners, Housing Law Practitioners Association (HLPA) pro bono, instructed by Dan Fitzpatrick at Hodge Jones Allen solicitors.

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The Court of Appeal has held that the 10% uplift to general damages, originating in the Court of Appeal’s decision in Simmons v Castle ([2012] EWCA Civ 1039, [2012] EWCA Civ 1288, [2013] 1 WLR 1239) does apply to general damages awarded for breach of repairing covenants. HLPA’s evidence, provided in a witness statement from HLPA Executive member Eleanor Solomon, was that the 10% uplift had been routinely awarded in awards of damages for disrepair. HLPA’s submissions were accepted by the Court of Appeal, in particular, the point that claims for damages for breach of repairing covenant fell squarely within the primary purpose of the Court of Appeal in Simmons v Castle, which was to compensate claimants for the success fee to be deducted from his or her damages.

HLPA Co-Chair Simon Mullings commented:

“This is a very important judgment for tenants seeking redress for disrepair and poor housing conditions. It ensures that a mechanism to mitigate historically low damages in these cases remains in place. We are also heartened that the court recognised the important work done by HLPA members. HLPA is extremely grateful to Liz Davies QC, Marina Sergides of Garden Court Chambers, and Daniel Fitzpatrick, and Declan Storrar of Hodge Jones Allen for representing HLPA pro bono in this important case.”

See HLPA's release here.

The judgment can be viewed here.

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