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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Holbeck Hall Hotel Ltd & Anor v Scarborough Borough Council [2000] EWCA Civ 51 (22 February 2000) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2000/51.html Cite as: [2000] EWCA Civ 51, [2000] 2 All ER 705, [2000] EGCS 29, [2000] 2 WLR 1396, [2000] BLR 109, 69 Con LR 1, (2000) 2 TCLR 865, [2000] QB 836, [2000] EG 29, [2000] NPC 17, [2000] BLGR 412 |
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Respondents | |
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SCARBOROUGH BOROUGH COUNCIL |
Appellant |
Holbeck
Hall Hotel was a four-star hotel standing about 65 metres above sea
level on South Cliff, Scarborough. It looked out over an expanse of lawn to
panoramic views of the North Sea. That was on the morning of 3 June 1993. But
three days later, as a result of a massive land-slip which took place in four
stages, the lawn had disappeared and the ground had collapsed under the whole
of the seaward wing of the hotel. The rest of the hotel was unsafe and had to
be demolished. Because the slip was progressive everyone was evacuated without
injury.
Holbeck
Hall by 1912 and along the adjoining stretch of
coast to the north by 1893, the inherited instability above and behind those
works will for a while continue to produce similar slips, although if the sea
defences hold the process will in time slow down as the slopes behind them
become shallower and eventually approach an equilibrium.
Holbeck
Hall and the sea. Many of these were on a much smaller scale than that of 1993
including all of those which impinged on the site of the slip. But the judge
held that there were two, not far away, of comparable magnitude. In this
appeal Scarborough accept that there was one, namely that in 1893; they dispute
that there was another. But it seems to me that both the Defendants' pleadings
(p99, admission of large scale slope movements; p207-80A allegation in further
and better particulars in the GEN action of large slips in 1737, 1892/3 and
1915) and the evidence (see particularly p209-001-2; 207-004; 229 Mr Clements;
207-77 Mr Chamley and 227) justify the judge's conclusion that there were two
such slips.
Holbeck
Hall.
Scarborough decided that they needed outside assistance in dealing with it. Mr
Clements, the Borough's Chief Engineer, said this was because of the size of
the slip which was larger than that which was repaired by Scarborough in the
normal course and because they needed to ascertain if there was anything
special or peculiar about this particular site. There was a need for a site
investigation to enable Scarborough to consider the form of remedial work for
this relatively large slip and to prevent further slipping and to make the
slope stable.
Holbeck
Ravine and ultimately the gardens to
the cliff, and finally could affect the land forming part of the property of
the
Holbeck
Hall Hotel.
Holbeck
Hall Hotels grounds as well?"
Holbeck
Ravine,
would sever pedestrian communication between these two points and ultimately
would be likely to expand into the grounds of the
Holbeck
Hall Hotel. The cost
of the remedial works is anticipated to be in the order of £280,000."
Holbeck
Hall."
Holbeck's land because in fact, albeit unknown to the parties,
this whole section of the grounds was liable to subside because of the
underlying defect. .