Rickards & Anor v Jones & Ors [2002] EWCA Civ 1344 (29 July 2002)

Rickards & Anor v Jones & Ors [2002] EWCA Civ 1344 (29 July 2002)

Defendants were negligent in failing to confirm builder's NHBC membership and authority, and in not securing Ten Year Notice or Certificate before completion; had they done so, claimants would not have completed purchase and suffered loss.

Source-derived case information.

Citation
[2002] EWCA Civ 1344
Parties
Claimant/appellant: Steven Henry Rickards; Claimant/appellant: Marlene Rickards; Defendant/respondent: Russell Jones; Defendant/respondent: John Dyer; Defendant/respondent: Maldwyn Watts
Jurisdiction
England and Wales
Judgment Date
29 July 2002
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Solicitors' Duties, NHBC Cover, Mortgage Conditions, Duty of Care, Loss Assessment
Professional Negligence Conveyancing Property Law Solicitors' Duties NHBC Cover Mortgage Conditions Duty of Care Loss Assessment

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Summary, issues, holding and outcome

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Parties

Steven Henry Rickards

Claimant/appellant

Marlene Rickards

Claimant/appellant

Russell Jones

Defendant/respondent

John Dyer

Defendant/respondent

Maldwyn Watts

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether defendants (solicitors) were negligent in failing to secure valid NHBC cover for claimants
  2. 2 Whether defendants owed a duty to confirm builder's NHBC membership before completion
  3. 3 Whether claimants would have completed purchase if properly advised about lack of NHBC cover

Ratio Decidendi

Defendants were negligent in failing to confirm builder's NHBC membership and authority, and in not securing Ten Year Notice or Certificate before completion; had they done so, claimants would not have completed purchase and suffered loss.

Court Disposition

Appeal allowed

Orders

  • Appellants awarded judgment for damages to be assessed
  • Appellants to have their costs below, in the Court of Appeal and of mediation, subject to detailed assessment