Abbott & Anor. v Will Gannon & Smith Ltd.

Abbott & Anor. v Will Gannon & Smith Ltd.

The Court of Appeal is bound by Pirelli and Ketteman, so the cause of action for negligent design accrues when physical damage occurs. The claim is not time barred if damage occurred within six years before proceedings were issued.

Parties
Appellant: Abbott & Anr.; Respondent: Will Gannon & Smith Ltd.
Jurisdiction
England and Wales
Judgment Date
02 March 2005
Procedural Posture
Civil Appeal / Appeal From Deputy District Judge to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Accrual of Cause of Action, Negligent Design, Latent Defects, Limitation Periods, Economic Loss
Tort Law Contract Law Limitation of Actions Accrual of Cause of Action Negligent Design Latent Defects Limitation Periods Economic Loss

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Parties

Abbott & Anr.

Appellant

Will Gannon & Smith Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Deputy District Judge to Court of Appeal

Legal Issues

  1. 1 Whether Pirelli General Cable Works Ltd. v Oscar Faber & Partners remains good law regarding accrual of cause of action for negligent design in buildings
  2. 2 Whether the cause of action accrues at the time of economic loss or when physical damage occurs
  3. 3 Whether the claim is time barred under the Limitation Act 1980

Ratio Decidendi

The Court of Appeal is bound by Pirelli and Ketteman, so the cause of action for negligent design accrues when physical damage occurs. The claim is not time barred if damage occurred within six years before proceedings were issued.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Minute of order agreed