Cooke v Haynes-McManus [2001] EWCA Civ 1395 (24 July 2001)

Cooke v Haynes-McManus [2001] EWCA Civ 1395 (24 July 2001)

The claimant's liability for damages arising from unnotified defects is not extinguished or reduced by the defendant's retention of monies from the contractor, as the losses compensated are distinct and there is no double recovery.

Citation
[2001] EWCA Civ 1395
Parties
Claimant/applicant: David John Cooke; Defendant/respondent: Delrose Haynes-McManus
Jurisdiction
England and Wales
Judgment Date
24 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Building Contract, Surveyor's Fees, Negligence, Cross Claim, Damages, Retention Monies
Contract Law Professional Negligence Building Contract Surveyor's Fees Negligence Cross Claim Damages Retention Monies

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Parties

David John Cooke

Claimant/applicant

Delrose Haynes-McManus

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant was liable for damages for defects not notified to the contractor
  2. 2 Whether the defendant's retention of monies from the contractor should offset the claimant's liability for unnotified defects

Ratio Decidendi

The claimant's liability for damages arising from unnotified defects is not extinguished or reduced by the defendant's retention of monies from the contractor, as the losses compensated are distinct and there is no double recovery.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused