A First Under The Building Act 1984

Manolete Partners PLC v Hastings Borough Council [2013] EWHC 842 Mr Justice Ramsey, TCC

Like so many Victorian piers, Hastings Pier has not been kept in good repair. This claim (by way of an assignment) by a tenant of the Pier was for statutory compensation under the Building Act 1984 resulting from the use of powers by the local authority to close the Pier to public access over concerns about its structural integrity and, therefore, closing the tenant's bingo hall and amusement arcade.

On 16 June 2006, Hastings Borough Council exercised 'emergency' powers under Section 78 of the Building Act 1984 to close the Pier to the public. Section 106 of the Act provides for the local authority to pay full compensation to any person who has suffered damage as a result of the exercise of powers under the Act except where the person was 'in default'.