Darlington BC v Wiltshier Northern Ltd
Darlington BC v Wiltshier Northern Ltd
- 1994
- Construction Industry Law Letter (1994) CILL 956-957(2) .
CA 28 June 1994. Morgan Grenfell had an arrangement with D to enter a contract with W to build a recreational centre for the local authority. D was to pay MG all sums due under the contract and all rights against W were to be assigned to D in return. On completion, D claimed there were defects which would cost £2m to rectify. At first instance, it was held that D could only recover nominal damages as MG had suffered no loss. D appealed. At issue was whether D, as a third party and assignee, could sue. The CA overturned the earlier `no loss` decision and granted D`s appeal. (see also WB3026-07)
ASSIGNMENT
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CONSTRUCTIVE TRUSTEES
DARLINGTON BC V WILTSHIER NORTHERN LTD
PRIVITY OF CONTRACT
THIRD PARTY DAMAGES
CA 28 June 1994. Morgan Grenfell had an arrangement with D to enter a contract with W to build a recreational centre for the local authority. D was to pay MG all sums due under the contract and all rights against W were to be assigned to D in return. On completion, D claimed there were defects which would cost £2m to rectify. At first instance, it was held that D could only recover nominal damages as MG had suffered no loss. D appealed. At issue was whether D, as a third party and assignee, could sue. The CA overturned the earlier `no loss` decision and granted D`s appeal. (see also WB3026-07)
ASSIGNMENT
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CONSTRUCTIVE TRUSTEES
DARLINGTON BC V WILTSHIER NORTHERN LTD
PRIVITY OF CONTRACT
THIRD PARTY DAMAGES