Middle Level Commissioners v Atkins Ltd [2012] EWHC 2884 (TCC) (24 October 2012)

Middle Level Commissioners v Atkins Ltd [2012] EWHC 2884 (TCC) (24 October 2012)

Atkins was not negligent in its advice regarding permitted development or in not recommending a Certificate of Lawful Use; the advice given was within the range of competent professional judgment and supported by the planning authority's written confirmation.

Citation
[2012] EWHC 2884 (TCC)
Parties
Claimant: Middle Level Commissioners; Defendant: Atkins Limited
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Professional Negligence Claim / Final Judgment
Outcome
Claim dismissed
Legal Topics
Permitted Development, Certificate of Lawful Use, Planning Permission, Environmental Impact Assessment, Judicial Review
Professional Negligence Planning Law Contract Law Permitted Development Certificate of Lawful Use Planning Permission Environmental Impact Assessment Judicial Review

Case Brief

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Parties

Middle Level Commissioners

Claimant

Atkins Limited

Defendant

Procedural Posture

Professional Negligence Claim / Final Judgment

Legal Issues

  1. 1 Whether Atkins was negligent in advising that planning permission was not required for the redevelopment of the pumping station
  2. 2 Whether Atkins was negligent in not advising to obtain a Certificate of Proposed Lawful Use

Ratio Decidendi

Atkins was not negligent in its advice regarding permitted development or in not recommending a Certificate of Lawful Use; the advice given was within the range of competent professional judgment and supported by the planning authority's written confirmation.

Court Disposition

Claim dismissed