Allen and another v Ellis & Co
Allen and another v Ellis & Co
- 1990
- Estates Gazette [1990] 11 EG 78-88(4) .
QBD 4 October 1989. In 1985 A purchased a house in north-west London, after obtaining a survey from the defendants E. The survey described the garage as brick built and in good condition. The basis of the negligence claim by A in respect of the survey and personal injury was the discovery of the defective condition of the garage. The walls of the garage were not brick built but made of breeze block. The roof was about 50 years old, made of corrugated asbestos sheeting, and in need of replacement. A decided to check the source of a leak from the roof. A placed a piece of blockboard on the roof, and stepped onto it. The fragile asbestos sheet gave way, A fell through and was seriously injured. The judge accepted A's personal claim that he would not have stepped onto the roof if the condition of it had been known. The judge rejected that even if E's survey was negligent, it was not the cause of A's injuries. 'Held' the plaintiffs' were entitled to £1,491.75.
DAMAGES
DIMINUTION IN VALUE
NEGLIGENCE
PROPERTY DESCRIPTION
STRUCTURAL SURVEY
SURVEYORS
QBD 4 October 1989. In 1985 A purchased a house in north-west London, after obtaining a survey from the defendants E. The survey described the garage as brick built and in good condition. The basis of the negligence claim by A in respect of the survey and personal injury was the discovery of the defective condition of the garage. The walls of the garage were not brick built but made of breeze block. The roof was about 50 years old, made of corrugated asbestos sheeting, and in need of replacement. A decided to check the source of a leak from the roof. A placed a piece of blockboard on the roof, and stepped onto it. The fragile asbestos sheet gave way, A fell through and was seriously injured. The judge accepted A's personal claim that he would not have stepped onto the roof if the condition of it had been known. The judge rejected that even if E's survey was negligent, it was not the cause of A's injuries. 'Held' the plaintiffs' were entitled to £1,491.75.
DAMAGES
DIMINUTION IN VALUE
NEGLIGENCE
PROPERTY DESCRIPTION
STRUCTURAL SURVEY
SURVEYORS