Citation: 1 WLR 2926 (CA)
Nature of case: Reported under the name of Offer-Hoar v Larkstore in the All ER(D) this is the CA’s decision on appeal from the TCC. The CA upheld the TCC’s finding in favour of the Part 20 claimant owner who had purchased a site which suffered a landslip, damaging adjoining properties. The court had had to decide whether the owner could sue the Part 20 defendant, who had prepared a soils report for the vendor. The owner was held to have acquired the vendor’s right to sue the Part 20 defendant in contract. Linden Gardens v Lenesta Sludge (Richard Fernyhough QCand Marcus Taverner QC) was applied on assignment. The CA upheld the TCC’s finding in favour of the Part 20 claimant, that the Part 20 claimant could claim substantial damages from the Part 20 defendant for breach of contract by virtue of the assignment.
Also see: [2006] BLR 345 CA [2006] CILL 2389 [2006] BLM Vol. 23 No. 8 August - September 2006 p.6 CA & EWHC Civ 1079
