Oates v Anthony Pitman & Co. (A Firm)
Language: English Series: Property and Compensation Reports ; [1998] 76 P&CR 490-502(7)Publication details: 1998Subject(s): Summary: CA 7 May 1998. In January 1998, the appellants (O) purchased a property described as `holiday flats` and instructed a partner in the respondant firm of solicitors (A) to act for them in the purchase. O spent £55,000 refurbishing the premises and used them for holiday lettings, however O was subsequently informed by an enforcement officer that planning permission entitled use only as a hotel. Retrospective planning permission was granted for use as holiday units for part of year only, and entailed a further £38,000 being spent on meeting building and fire regulations. O could not afford the additional expense, and sold the property in January 1994 for £140,000. A conceded liability for negligence in failing to act with due skill and care, and the High Court ordered A to pay £30,770. O appealed on the basis that this figure was too low, and A cross-appealed claiming it too high. "Held" the appeal allowed and cross-appeal dismissed. Damages set at £37,480 plus interest.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS60041 (Browse shelf(Opens below)) | 1 | Available | 90688-1001 |
CA 7 May 1998. In January 1998, the appellants (O) purchased a property described as `holiday flats` and instructed a partner in the respondant firm of solicitors (A) to act for them in the purchase. O spent £55,000 refurbishing the premises and used them for holiday lettings, however O was subsequently informed by an enforcement officer that planning permission entitled use only as a hotel. Retrospective planning permission was granted for use as holiday units for part of year only, and entailed a further £38,000 being spent on meeting building and fire regulations. O could not afford the additional expense, and sold the property in January 1994 for £140,000. A conceded liability for negligence in failing to act with due skill and care, and the High Court ordered A to pay £30,770. O appealed on the basis that this figure was too low, and A cross-appealed claiming it too high. "Held" the appeal allowed and cross-appeal dismissed. Damages set at £37,480 plus interest.