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Higgins and another v Hatch and Fielding

Language: English Series: Estates Gazette ; [1996] 10 EG 162-166(5)Publication details: 1996Subject(s): Summary: 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.

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.