Alderson & Anor v Beetham Organisation Ltd.

Alderson & Anor v Beetham Organisation Ltd.

Where a developer undertakes further work to rectify defects in a dwelling, and that work fails to remedy the original breach of statutory duty, a new cause of action arises in respect of the further work, and the limitation period runs from the completion of that further work.

Parties
Claimant/appellant: Avril Alderson; Claimant/appellant: Hilda Alderson; Defendant/respondent: Beetham Organisation Limited
Jurisdiction
England and Wales
Judgment Date
02 April 2003
Procedural Posture
Civil Appeal / Appeal From Order Striking Out Claim as Statute Barred
Outcome
Appeal allowed
Legal Topics
Defective Premises Act 1972, Limitation Periods, Remedial Works, Statutory Interpretation
Construction Law Statutory Duty Limitation of Actions Defective Premises Act 1972 Limitation Periods Remedial Works Statutory Interpretation

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Parties

Avril Alderson

Claimant/appellant

Hilda Alderson

Claimant/appellant

Beetham Organisation Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Claim as Statute Barred

Legal Issues

  1. 1 When does the limitation period for a cause of action under section 1(5) of the Defective Premises Act 1972 accrue where further remedial work is undertaken?
  2. 2 Does further remedial work by a developer give rise to a new cause of action and limitation period under the Act?

Ratio Decidendi

Where a developer undertakes further work to rectify defects in a dwelling, and that work fails to remedy the original breach of statutory duty, a new cause of action arises in respect of the further work, and the limitation period runs from the completion of that further work.

Court Disposition

Appeal allowed

Orders

  • Order of the judge striking out the claim set aside
  • Case remitted back for trial