000 02117cab a2200229 4500
001 ##L132077
008 060103n2005 000 0 eng u
035 _a(Sirsi) u132077
041 0 _aeng
245 0 0 _aOffer-Hoar and others v Larkstore Ltd and others
260 _c2005
520 _a[2005] EWHC 2742 (TCC), 2 December 2005. Concerns a claim by the owners (O-H) of development land for damages sustained through a landslip allegedly caused by excavations carried out on the first defendant's (L) land by the second defendant contractor (B). L had purchased O-H's development site with planning permission and had been assigned a geo-technical report obtained by O-H from specialists T. L had relied on the report to fulfil a condition of the planning permission for the development: the assignment expressly included the right to sue T if it breached its duties and obligations. L agreed to pay O-H in return for the assignment 50% of the net monies received from T in respect of any proceedings arising from any assigned cause of action. L also commenced a Part 20 claim against T for the recovery of part of its losses from T and to ascertain whether T owed a duty of care either to O-H or L. "Held": the assignment was valid: the report was a vital part of the planning permission being sold with the land. T owed no duty of care to L in respect of its economic loss but did owe a duty of care to O-H in respect of the damage caused to their properties.
590 _aIKA030106
650 2 4 _aOFFER-HOAR AND OTHERS V LARKSTORE LTD AND OTHERS
650 2 4 _aMIDLAND BANK PLC V BARDGROVE PROPERTY SERVICES LTD
650 2 4 _aBELLEFIELD COMPUTER SERVICES LTD AND OTHERS V E TURNER AND SONS
650 2 4 _aLINDEN GARDENS TRUST LTD V LENESTA SLUDGE DISPOSALS LTD
650 2 4 _aTRENDTEX TRADING CORPORATION V CREDIT SUISSE
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE-DUTY OF CARE-LIABILITY
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/2742.html&query=Offer-Hoar&method=all
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c76320
_d76320