Higgins and another v Hatch and Fielding
Higgins and another v Hatch and Fielding
- 1996
- Estates Gazette [1996] 10 EG 162-166(5) .
CA 9 June 1995. In 1983, plaintiffs (H) purchased a house on the basis of defendants` (F) valuation and survey report noting slight general settlement of old standing valuing the property for £21,000. In 1990, serious signs of subsidence were discovered. H commissioned experts` reports from structural engineers. H commissioned the present action relying on Limitation Act 1990 s14A. CC dismissed claim on the grounds that H was aware of the material facts in 1990. On appeal, the claim for extension of limitation under s14A was dismissed upholding CC decision.
LIMITATION ACT 1980 S14A
LIMITATION PERIOD
NEGLIGENCE
SUBSIDENCE
VALUATION REPORT
VALUERS
CA 9 June 1995. In 1983, plaintiffs (H) purchased a house on the basis of defendants` (F) valuation and survey report noting slight general settlement of old standing valuing the property for £21,000. In 1990, serious signs of subsidence were discovered. H commissioned experts` reports from structural engineers. H commissioned the present action relying on Limitation Act 1990 s14A. CC dismissed claim on the grounds that H was aware of the material facts in 1990. On appeal, the claim for extension of limitation under s14A was dismissed upholding CC decision.
LIMITATION ACT 1980 S14A
LIMITATION PERIOD
NEGLIGENCE
SUBSIDENCE
VALUATION REPORT
VALUERS