[2009] EWCA Civ 144, 02 March 2009. The case turns around the dismissal of a case of negligence against a firm of structural engineers. The claimant Penny (P) bought a house and asked Digital Structures Ltd (D), a structural engineer firm, to conduct a structural survey of the south gable of the house. Th engineers declared the roof sound and well supported. Wanting to do some alterations, P engaged a builder who advised him to have the safety of the structure checked first. P asked another structural engineer, Mr Oliphant (O) for a second survey. O concluded that the roof was not properly supported and in the risk of collapsing. P decided to carry out works to remedy the problem and to sue D for negligence in not informing him that the roof was unsafe. D's expert witness, Professor Knapton (K) demonstrated that the roof was sound and solid at the time of the first survey. The judge found that the roof was properly supported. P appealed the judgment. He argued that there was a procedural irregularity. "Held": P?s counsel had the opportunity to discuss with O. There was no procedural irregularity. The judge concluded that, with the evidence provided, the explanation given by K was correct and that the roof was safe and properly supported at the time of the survey. The judge dismissed the appeal.