Charlton & Anor v Northern Structural Services Ltd [2008] EWHC 66 (TCC) (08 February 2008)

Charlton & Anor v Northern Structural Services Ltd [2008] EWHC 66 (TCC) (08 February 2008)

The defendant breached their duty of care by failing to investigate the subsoil and by negligently advising immediate removal of mature trees, which caused clay heave and subsequent structural damage, resulting in a diminution in value and distress to the claimants. The damages awarded reflect the direct consequences of this negligence.

Citation
[2008] EWHC 66 (TCC)
Parties
Claimant: Mr C Charlton; Claimant: Mrs N Charlton; Defendant: Northern Structural Services Limited
Jurisdiction
England and Wales
Judgment Date
08 February 2008
Procedural Posture
Professional Negligence Claim / Judgment After Trial
Outcome
Judgment for the claimants
Legal Topics
Negligence of Structural Engineer, Causation of Property Damage, Damages for Diminution in Value, Duty of Care in Professional Services, Remedies for Property Stigma
Tort Professional Negligence Property Law Negligence of Structural Engineer Causation of Property Damage Damages for Diminution in Value Duty of Care in Professional Services Remedies for Property Stigma

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Parties

Mr C Charlton

Claimant

Mrs N Charlton

Claimant

Northern Structural Services Limited

Defendant

Procedural Posture

Professional Negligence Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant structural engineer was negligent in advising removal of trees without proper investigation
  2. 2 Whether the negligent advice caused damage to the claimants' property
  3. 3 Assessment of damages for diminution in value and distress

Ratio Decidendi

The defendant breached their duty of care by failing to investigate the subsoil and by negligently advising immediate removal of mature trees, which caused clay heave and subsequent structural damage, resulting in a diminution in value and distress to the claimants. The damages awarded reflect the direct consequences of this negligence.

Court Disposition

Judgment for the claimants

Orders

  • Defendant to pay £29,294.09 in damages to the claimants
  • Parties to agree interest on the portion of the sum carrying interest