Richardson v West Lindsay DC and Others
Richardson v West Lindsay DC and Others
- 1989
- New Law Journal 139(6426) 22 September 1989, 1263-1265(3) .
CA 25 July 1989. Appeal by R, owner of a bungalow, against decision in favour of council (W), holding that W did not owe R a duty of care . R extended his bungalow in 1983 and W failed to ensure work complied with the building regulations . In 1982 R submitted plans for building regulation approval, perused by the building inspector , but not formally approved by him. The plans were defective. The building inspector made frequent site visits, but did not observe roof construction which was erected within 24 hours to keep out the weather. The roof was inadequately constructed and later failed, causing R to suffer loss and damage. R claimed damages against W, alleging negligence in performing functions under the building regulations. The official referee rejected R`s claim and held that W did not owe a duty of care. R appealed. CA considered the decisions in Investors in Industry Commercial Properties Ltd v South Bedfordshire DC, Abstract 36378 and Peabody Donation Fund v Sir Lindsay P
BUILDING DEFECTS
LOCAL AUTHORITY
CA 25 July 1989. Appeal by R, owner of a bungalow, against decision in favour of council (W), holding that W did not owe R a duty of care . R extended his bungalow in 1983 and W failed to ensure work complied with the building regulations . In 1982 R submitted plans for building regulation approval, perused by the building inspector , but not formally approved by him. The plans were defective. The building inspector made frequent site visits, but did not observe roof construction which was erected within 24 hours to keep out the weather. The roof was inadequately constructed and later failed, causing R to suffer loss and damage. R claimed damages against W, alleging negligence in performing functions under the building regulations. The official referee rejected R`s claim and held that W did not owe a duty of care. R appealed. CA considered the decisions in Investors in Industry Commercial Properties Ltd v South Bedfordshire DC, Abstract 36378 and Peabody Donation Fund v Sir Lindsay P
BUILDING DEFECTS
LOCAL AUTHORITY