Reported Cases

Nature of case

This is the CA decision on the TCC’s decision late in 2005 in favour of the Part 20 claimant owner who had purchased a site which suffered a landslip, damaging adjoining properties.  The court had to consider whether the owner could sue the Part 20 defendant, who had prepared a soils report for the vendor.  The owner was held to have acquired the vendor’s right to sue the Part 20 defendant in contract.  Linden Gardens v Lenesta Sludge (Richard Fernyhough QC) was applied on assignment.  The CA upheld the TCC’s finding in favour of the Part 20 claimant, who could claim substantial damages from the Part 20 defendant for breach of contract by virtue of the assignment.

See All ER (D) 45  TCC

Counsel:

Christopher Thomas QC
Gaynor Chambers

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