000 01557cab a2200205 4500
001 ABS39178
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u14840
041 _aeng
245 _aR L Polk and Co (Great Britain) Ltd and another v Edwin Hill and Partners
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8818) 7 May 1988 71-76(4)
520 _aORC 13 January 1988. A preliminary issue arising in the second of two actions against Edwin Hill and Partners (EH), in which the plaintiffs were an American corporation (A), parent of the English company (B). The present litigation arose as a result of a defective perimeter wall which later collapsed, and an allegation of negligence made against EH retained for the development of land owned by (B). The land which contained the wall, was acquired by (A) from (B) subsequent to the date on which the damage had occurred. (B) had, therefore, acquired a cause of action prior to acquisition of the land by (A). Therefore, in view of the fact that damage occured to the wall before it was owned or occupied by (A), the issue arose as to whether (A) had any cause of action for negligence or breach of duty against EH. The judge considered a number of authorities and concluded there was no effective assignment of a right of action. Judgment for EH.
650 _aR L POLK AND CO (GREAT BRITAIN) LTD AND ANOTHER V EDWIN HILL AND PARTNERS
650 _aSURVEYORS' LIABILITIES
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c9687
_d9687