Baxall Securities Ltd and another v Sheard Walshaw Patnership and another
Series: Building Law Reports ; [2002] 3 BLR 100-112(12) | Construction Law Reports ; [2002] 83 Con LR 164-182(18) | Court of Appeal (Civil Division) ; [2002] EWCA Civ 09Publication details: 2002Subject(s): Online resources: Summary: CA 22 January 2002. S appealed against a previous ruling that they were liable for damaged caused to B's goods because of a latent shortfall in the design capacity of a gutter. "Held": the appeal was allowed on the grounds that the surveyor acting for B had not exercised reasonable care and identified the defect; that the assessment of the appropriate design rate has to be made without regard to overflow capacity; and that the defect was not latent as B could have reasonably discovered it with such skilled third party advice as they might be expected to retain, in this case the surveyors. Full judgement available on the Court Service website at http://www.courtservice.gov.uk/View.do?id=211&searchTerm=baxall+and+sheard&ascending=false&index=0&maxIndex=1| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS65463 (Browse shelf(Opens below)) | 1 | Available | 118287-1001 |
CA 22 January 2002. S appealed against a previous ruling that they were liable for damaged caused to B's goods because of a latent shortfall in the design capacity of a gutter. "Held": the appeal was allowed on the grounds that the surveyor acting for B had not exercised reasonable care and identified the defect; that the assessment of the appropriate design rate has to be made without regard to overflow capacity; and that the defect was not latent as B could have reasonably discovered it with such skilled third party advice as they might be expected to retain, in this case the surveyors. Full judgement available on the Court Service website at http://www.courtservice.gov.uk/View.do?id=211&searchTerm=baxall+and+sheard&ascending=false&index=0&maxIndex=1