Republic International Trust Company Ltd & Ors v Fletcher Ramos (A Firm) [2001] EWCA Civ 815 (22 May 2001)

Republic International Trust Company Ltd & Ors v Fletcher Ramos (A Firm) [2001] EWCA Civ 815 (22 May 2001)

The surveyors' report failed to give adequate warning of the risk of existing massive dry rot, which was a material defect. The purchasers were entitled to rely on the report's recommendation to proceed with the purchase. The judge's findings of negligence, causation, and damages were justified and not open to challenge on appeal.

Citation
[2001] EWCA Civ 815
Parties
Claimant/respondent: Republic International Trust Company Limited; Claimant/respondent: Norman Leighton; Claimant/respondent: Hazel Leighton; Defendant/applicant: Fletcher Ramos (A Firm)
Jurisdiction
England and Wales
Judgment Date
22 May 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Technology & Construction Court Judgment
Outcome
Application for permission to appeal refused
Legal Topics
Surveyors' Liability, Negligent Misstatement, Causation, Damages Assessment
Professional Negligence Tort Contract Surveyors' Liability Negligent Misstatement Causation Damages Assessment

Case Brief

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Parties

Republic International Trust Company Limited

Claimant/respondent

Norman Leighton

Claimant/respondent

Hazel Leighton

Claimant/respondent

Fletcher Ramos (A Firm)

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Technology & Construction Court Judgment

Legal Issues

  1. 1 Whether the defendants (surveyors) were negligent in preparing the property report
  2. 2 Whether any negligence caused the loss suffered by the claimants
  3. 3 Whether the assessment of damages was correct in principle

Ratio Decidendi

The surveyors' report failed to give adequate warning of the risk of existing massive dry rot, which was a material defect. The purchasers were entitled to rely on the report's recommendation to proceed with the purchase. The judge's findings of negligence, causation, and damages were justified and not open to challenge on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused with costs
  • Stay of execution on judgment sum awarded to claimants lifted