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Payne and others v John Setchell Ltd

Series: Building Law Reports ; [2002] 10 BLR 489-521(33)Publication details: 2002Subject(s): Summary: TCC, 16 March 2001. It was alleged that the defendants' (J) ground investigation and decision to have a raft foundation for four cottages were inaccurate and inappropriate and that they owed a duty of care in negligence to subsequent owners who suffered economic loss. "Held": J did not have a duty of care for purely economic loss or to review the design; J had a duty to avoid causing physical injury or loss or damage to other property, to take reasonable professional skill and care (to the original owners), to take care that statements in the certificate/letter were reliable, and under the Defective Premises Act 1971; the duty of care arising from the statements was not indefinite but would only be valid for 10 years. It was also ruled that the Limitations Act 1980 s14(a) does not apply to claims under the Defective Premises Act 1972 s1 (see also Abs64095).
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article X121433 (Browse shelf(Opens below)) 1 Available 121433-1001

TCC, 16 March 2001. It was alleged that the defendants' (J) ground investigation and decision to have a raft foundation for four cottages were inaccurate and inappropriate and that they owed a duty of care in negligence to subsequent owners who suffered economic loss. "Held": J did not have a duty of care for purely economic loss or to review the design; J had a duty to avoid causing physical injury or loss or damage to other property, to take reasonable professional skill and care (to the original owners), to take care that statements in the certificate/letter were reliable, and under the Defective Premises Act 1971; the duty of care arising from the statements was not indefinite but would only be valid for 10 years. It was also ruled that the Limitations Act 1980 s14(a) does not apply to claims under the Defective Premises Act 1972 s1 (see also Abs64095).