Alderson & Anor v Beetham Organisation Ltd. [2003] EWCA Civ 408 (02 April 2003)

Alderson & Anor v Beetham Organisation Ltd. [2003] EWCA Civ 408 (02 April 2003)

Where further remedial works are carried out to rectify defects in original work under the Defective Premises Act 1972, a new cause of action arises in respect of those remedial works, and the limitation period runs from the completion of the remedial works. The claimants' action was brought within this period and is not statute barred.

Citation
[2003] EWCA Civ 408
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
Appeal / Appeal From Order Striking Out Claim as Statute Barred
Outcome
Appeal allowed
Legal Topics
Limitation Period, Defective Premises Act 1972, Statutory Duty to Build Dwellings Properly, Remedial Works and Limitation, Quiet Enjoyment
Construction Law Property Law Statutory Duty Limitation Period Defective Premises Act 1972 Statutory Duty to Build Dwellings Properly Remedial Works and Limitation Quiet Enjoyment

Case Brief

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Parties

Avril Alderson

Claimant/appellant

Hilda Alderson

Claimant/appellant

Beetham Organisation Limited

Defendant/respondent

Procedural Posture

Appeal / Appeal From Order Striking Out Claim as Statute Barred

Legal Issues

  1. 1 Whether the limitation period under section 1(5) of the Defective Premises Act 1972 runs from completion of original works or from completion of further remedial works
  2. 2 Whether further remedial works give rise to a new cause of action under the Act

Ratio Decidendi

Where further remedial works are carried out to rectify defects in original work under the Defective Premises Act 1972, a new cause of action arises in respect of those remedial works, and the limitation period runs from the completion of the remedial works. The claimants' action was brought within this period and is not statute barred.

Court Disposition

Appeal allowed

Orders

  • Order of trial judge set aside
  • Case remitted for trial