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Negligence

Series: Estates Gazette ; [2002]05 EG 130(CS)(02/02/02) | Construction Law Journal ; [2002] 18 Const LJ 481-494(14) | Court of Appeal (Civil Division) ; [2002} EWCA Civ 9Publication details: 2002Subject(s): Summary: "Baxall Securities Ltd and another v Sheard Walshaw Partnership and others"CA 22 January 2002 Respondent occupiers (B) instructed a surveyor to inspect a new industrial unit, designed by the appellant architects (S) prior to taking lease. Surveyor identified a possible potential for flooding, but did not indicate the precise problem. After the unit flooded twice B brought a negligence claim against S and others. The CC held the flooding could have been avoided if B had been warned about the lack of overflows. The CC ruled that S was not liable for the first flood, as the absence of overflows had been patent, but was liable for the second flood, partly due to the absence of overflows, and partly due to a latent defect in the design capacity. S appealed, and B cross-appealed. CA held that S was not liable as the flooding was caused by a patent, not latent, defect. Appeal allowed, cross-appeal dismissed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London News article WB3805-22 (Browse shelf(Opens below)) 1 Available 116631-1001

"Baxall Securities Ltd and another v Sheard Walshaw Partnership and others"CA 22 January 2002 Respondent occupiers (B) instructed a surveyor to inspect a new industrial unit, designed by the appellant architects (S) prior to taking lease. Surveyor identified a possible potential for flooding, but did not indicate the precise problem. After the unit flooded twice B brought a negligence claim against S and others. The CC held the flooding could have been avoided if B had been warned about the lack of overflows. The CC ruled that S was not liable for the first flood, as the absence of overflows had been patent, but was liable for the second flood, partly due to the absence of overflows, and partly due to a latent defect in the design capacity. S appealed, and B cross-appealed. CA held that S was not liable as the flooding was caused by a patent, not latent, defect. Appeal allowed, cross-appeal dismissed.