Burrells Wharf Freeholds Ltd v Galliard Homes Ltd.
Series: Estates Gazette ; (9933) 21 August 1999, 82-87(6)Publication details: 1999Subject(s): Summary: QBD 1 July 1999. On 11 December 1997, the plaintiff (B) acquired an estate of 406 flats through P, an agent, from Galliard Homes (G). Clause 12.2 of the agreement contained a condition that the agent, P, would comply with building regulation requirements relating to the flats. B discovered severe defects, with a provisional repair cost of £500th. B applied under CPR 31.16(3) for disclosure of the documents relating to the application of the building regulations to the development, in order to make a complete schedule of defects. G resisted the application, as the requirements for CPR 31.16(3) were not satisfied and Article 5 of the Civil Procedure (Modification of Enactments) Order 1998 was "ultra vires". "Held" application allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS61081 (Browse shelf(Opens below)) | 1 | Available | 101627-1001 |
QBD 1 July 1999. On 11 December 1997, the plaintiff (B) acquired an estate of 406 flats through P, an agent, from Galliard Homes (G). Clause 12.2 of the agreement contained a condition that the agent, P, would comply with building regulation requirements relating to the flats. B discovered severe defects, with a provisional repair cost of £500th. B applied under CPR 31.16(3) for disclosure of the documents relating to the application of the building regulations to the development, in order to make a complete schedule of defects. G resisted the application, as the requirements for CPR 31.16(3) were not satisfied and Article 5 of the Civil Procedure (Modification of Enactments) Order 1998 was "ultra vires". "Held" application allowed.