000 01584cab a2200217 4500
001 ABS47330
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u61635
041 _aeng
245 _aFG Whitley and Sons Co Ltd v Bickerton and others
260 _c1992
350 _a0
490 _aStructural Survey
_v11(2) Autumn 1992, 179-194(9)
520 _aQBD 24 February 1992. In November 1973 planning permission was granted for mineral extraction which was vigourously opposed by neighbours and the local authority. The permission would lapse if operations did not start within five years. A scheme was submitted in July 1977 with the help of the defendant, B, a chartered surveyor. The local auhtority delayed consideration of the scheme and, as at 30 November 1978 there was no approved scheme, the permission lapsed. W sacked B and issued a writ claiming damages for breach of contract and in the tort of negligence. The question was whether the action was statute barred ie if they owed a contractual duty only. It was clear that any breach of contract must have pre-dated the termination of instructions, which is five years before the writ was issued so that course of action was by statute barred. The arguement therefore concentrated on the course of action in tort and therefore on the date damage was sustained. The allegations were that no
650 _aBREACH OF CONTRACT
650 _aMINERAL EXTRACTION
650 _aPLANNING PERMISSION
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942 _n0
948 _c04/03/1997
999 _c38227
_d38227