ABSTRACT
Taylor v Jones involved liability for causing damage to a building that had a pre-existing defect. The defendant was in principle liable for the cost of repairing the damage. However, the Court of Appeal denied liability for the cost of repairing the pre-existing defect even though such repair was necessary to restore the building to the state it would have been in without the defendant’s conduct. This note criticises that rule and also analyses some other aspects of the Court’s reasoning. The case involved a claim under section 7(2) of the Party Wall etc Act 1996. But it is of wider significance as the Court of Appeal purported to apply the principles governing the assessment of damages for torts to land.
Sirko Harder, The Impact of a Pre-Existing Defect on Liability for Property Damage: Taylor v Jones, Modern Law Review. First published: 16 December 2025.
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