000			01635cab a22002175a 4500
001			L138363
008			070531s20070526xxk f w 000 0 eng d
035			_a(Sirsi) u138363
041	0		_aeng
100	1		_aMarshall, Hazel
245	0	0	_aPearson Education Ltd v The Charter Partnership Ltd
260			_c2007
490			_aEstates Gazette _v(0721) 26 May 2007, 132-139(8)
520			_a[2007] EWCA Civ 130, 26 May 2007. P was the lessee of warehouse premises which flooded in 2002, resulting in damaged goods. C accepted that they had designed the warehouse?s drainage system with a capacity of 75mm per hour, when 150mm per hour was required. P's claim was upheld, and C appealed against this. C submitted that no duty of care arose due to an earlier flood in which the defect was likely to have been identified and rectified. C also submitted that the defect ceased to be latent following this inspection, breaking the chain of causation. Finally, C submitted that the 15-year limitation period had expired. "Held": The defect had not ceased to be latent upon discovery of it. A third party?s awareness of a defect does not imply that others should know about that defect, nor break the chain of causation. The claim was not time-barred C's mistake for this purpose was its latest negligent act, and not the original specification of drainage capacity. The appeal was dismissed.
590			_aKA
650	2	4	_aPEARSON EDUCATION LTD V CHARTER PARTNERSHIP LTD
650	2	4	_aLIMITATION ACT 1980 S14B
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT
942			_n0
999			_c78842 _d78842