000			01715cam a2200277 4500
001			ABS65463
008			020606n2002 000 0 eng u
035			_a(Sirsi) u118287
245			_aBaxall Securities Ltd and another v Sheard Walshaw Patnership and another
260			_c2002
490			_aBuilding Law Reports _v[2002] 3 BLR 100-112(12)
490			_aConstruction Law Reports _v[2002] 83 Con LR 164-182(18)
490			_aCourt of Appeal (Civil Division) _v[2002] EWCA Civ 09
520			_aCA 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
590			_aABS
650			_aBLAXALL SECURITIES LTD AND ANOTHER V SHEARD WALSHAW PARTNERSHIP
650			_aCASE LAW
650			_aCAUSATION
650			_aDUTY OF CARE
650			_aGUTTERING
650			_aLATENT DEFECTS
650			_aOVERFLOWS
690			_aBUILT ENVIRONMENT-BUILDING PATHOLOGY
856			_uhttps://www.courtservice.gov.uk/View.do?id=211&searchTerm=baxall+and+sheard&ascending=false&index=0&maxIndex=1
942			_n0
999			_c70419 _d70419