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 noise transference, landscaping/external soakaways, visibility splay, and internal damp were rendered unsafe due to inadequate engagement with expert evidence and failure to address material divergences from approved plans and regulatory requirements. The appeal is allowed on these issues and remitted for re-trial; findings on bicycle store and redundant drain stand.

Citation
[2020] EWHC 821
Parties
Appellant (defendant): Mrs Mary Majella Ingram; Respondent (claimant): Green Cape Limited
Jurisdiction
England and Wales
Judgment Date
08 April 2020
Procedural Posture
Appeal / Full Appeal Hearing Following Permission Granted After Oral Hearing
Outcome
Appeal allowed in part; remitted for re-trial on specified issues.
Legal Topics
Misrepresentation, Breach of Contract, Defective Premises Act 1972, Building Regulations, Specific Performance, Injunctions, Personal Injury, Protection From Harassment Act 1997
Contract Law Property Law Tort Law Civil Procedure Misrepresentation Breach of Contract Defective Premises Act 1972 Building Regulations +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mrs Mary Majella Ingram

Appellant (defendant)

Green Cape Limited

Respondent (claimant)

Procedural Posture

Appeal / Full Appeal Hearing Following Permission Granted After Oral Hearing

Legal Issues

  1. 1 Whether the Respondent breached contract terms or made actionable misrepresentations regarding compliance with building regulations and approved plans
  2. 2 Whether defects in construction (noise, damp, landscaping, drainage, visibility splay) constituted breaches or actionable misrepresentations
  3. 3 Whether the Recorder's analysis of expert evidence was incomplete or incorrect

Ratio Decidendi

The Recorder's conclusions on noise transference, landscaping/external soakaways, visibility splay, and internal damp were rendered unsafe due to inadequate engagement with expert evidence and failure to address material divergences from approved plans and regulatory requirements. The appeal is allowed on these issues and remitted for re-trial; findings on bicycle store and redundant drain stand.

Court Disposition

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

Orders

  • Claim relating to noise transference, landscaping/external soakaways, visibility splay, and internal damp remitted for re-trial.
  • Claims relating to bicycle store and redundant drain dismissed; Recorder's findings stand.