Ingram v Green Cape Ltd [2020] EWHC 821 (QB) (08 April 2020)

Ingram v Green Cape Ltd [2020] EWHC 821 (QB) (08 April 2020)

The Recorder's conclusions on the Appellant's claims regarding noise transference, landscaping/external soakaways, visibility splay, and internal damp were rendered unsafe due to inadequate engagement with the expert evidence and misapplication of legal standards. The appeal is allowed on these issues and the matter is remitted for re-trial. The Recorder was entitled to dismiss claims regarding the bicycle store and redundant drain as no actionable loss was shown.

Citation
[2020] EWHC 821 (QB)
Parties
Appellant (defendant): Mrs Mary Majella Ingram; Respondent (claimant): Green Cape Limited
Jurisdiction
England and Wales
Judgment Date
08 April 2020
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal allowed in part; matter remitted for re-trial on specified issues.
Legal Topics
Misrepresentation, Breach of Contract, Defective Premises, Building Regulations, Damages, Remedies, Appeal Procedure
Contract Law Property Law Tort Law Civil Procedure Misrepresentation Breach of Contract Defective Premises Building Regulations +3 more

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Parties

Mrs Mary Majella Ingram

Appellant (defendant)

Green Cape Limited

Respondent (claimant)

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the Recorder erred in his analysis of expert evidence regarding compliance with building regulations and approved plans
  2. 2 Whether there was misrepresentation or breach of contract by the Respondent regarding the condition of the property
  3. 3 Whether the Recorder failed to address or misapplied the evidence on noise, drainage, landscaping, visibility splay, and internal damp

Ratio Decidendi

The Recorder's conclusions on the Appellant's claims regarding noise transference, landscaping/external soakaways, visibility splay, and internal damp were rendered unsafe due to inadequate engagement with the expert evidence and misapplication of legal standards. The appeal is allowed on these issues and the matter is remitted for re-trial. The Recorder was entitled to dismiss claims regarding the bicycle store and redundant drain as no actionable loss was shown.

Court Disposition

Appeal allowed in part; matter remitted for re-trial on specified issues.

Orders

  • Appeal allowed on issues of noise, landscaping/external soakaways, visibility splay, and internal damp; remitted for re-trial.
  • Appeal dismissed on issues of bicycle store and redundant drain.