Allen and another v Ellis & Co
Language: English Series: Estates Gazette ; [1990] 11 EG 78-88(4)Publication details: 1990Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42426 (Browse shelf(Opens below)) | 1 | Available | 36722-1001 |
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.