Penny & Anor v Digital Structures Ltd

Penny & Anor v Digital Structures Ltd

The appeal was dismissed because the trial judge was entitled, on the evidence, to find that the roof was adequately supported at the time of the survey, and thus there was no negligence. There was no procedural irregularity in admitting the oral expert evidence, and no basis for admitting fresh evidence on appeal.

Parties
Appellant: Mr and Mrs Penny; Respondent: Digital Structures Ltd
Jurisdiction
England and Wales
Judgment Date
02 March 2009
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Duty of Care, Standard of Care, Expert Evidence, Structural Survey, Admission of Fresh Evidence
Professional Negligence Tort Law Duty of Care Standard of Care Expert Evidence Structural Survey Admission of Fresh Evidence

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 3 Party arguments 2
Sign in to unlock

Parties

Mr and Mrs Penny

Appellant

Digital Structures Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding the roof was adequately supported at the time of the survey
  2. 2 Whether the trial judge erred in finding the surveyor was not negligent
  3. 3 Whether there was a procedural irregularity in admitting and relying on oral expert evidence not in the written report

Ratio Decidendi

The appeal was dismissed because the trial judge was entitled, on the evidence, to find that the roof was adequately supported at the time of the survey, and thus there was no negligence. There was no procedural irregularity in admitting the oral expert evidence, and no basis for admitting fresh evidence on appeal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order for fresh evidence