James Plunkett, ‘Cavalier v Pope: another victim of the Grenfell Tower fire?

Introduction
… even if negligence can be shown, and it can be established that Kensington and Chelsea LBC did fail to act in a way expected of a reasonable landlord, recovery proceedings may still fail due to the continued existence of Cavalier v Pope, the early 20th century case which held that landlords owe no duty of care to tenants or their guests in relation to injuries that arise from the defective state of their premises. Although the rule has since been heavily abrogated by statute, remnants of the rule remain, and those remnants could be directly relevant to any claim against Kensington and Chelsea LBC arising from the disaster. Now therefore seems like an appropriate time to examine the rule, and to ask whether and in what circumstances (if any) it can continue to be justified …

€ (Westlaw)

James Plunkett, ‘Cavalier v Pope: another victim of the Grenfell Tower fire?, 2018 Journal of Personal Injury Litigation 173.

Leave a Reply