Offer-Hoar v Larkstore Ltd

Citation: All ER (D) 45 TCC

Nature of case:
Where the owner had purchased a site which suffered a landslip, damaging adjoining properties, the court had to consider whether the owner could sue the Part 20 defendant, who had prepared a soils report for the vendor, made use of by the owner/purchaser.  The owner was held to have acquired the vendor’s right to sue the Part 20 defendant in contract, although not in tort.  Lindens Gardens v Lenesta Sludge (Richard Fernyhough QC) was applied on assignment.

See [2006] All ER (D) 419; [2005] EWHC 2742 (TCC)

Counsel

Dr Christopher Thomas QC
Gaynor Chambers

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