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.
