The decision in Jones v Ruth and its impact on the construction industry

Abstract

Purpose – This paper aims to look at the recent UK Court of Appeal decision in Jones v Ruth and explores whether building works are capable of being construed as harassment by the Courts.Design/methodology/approach – The paper looks at the concept of harassment as used in the Prevention of Harassment Act 1997 and how this applies in the context of building operations. It adopts a black letter or doctrinal approach to the study.Findings – Whilst it is confirmed that a certain amount of inconvenience due to building operations is not actionable in English law, the Court of Appeal in this case has confirmed that in cases where harassment is proven, then substantial damages may be imposed on the offending party. This has implications not only for building contractors but for construction professionals such as architects or building surveyors who are involved in supervising contractors.Research limitations/implications – This research takes the subject of construction law into uncharted territory. Previously i...