Kellie & Anor v Wheatley & Lloyd Architects Ltd

Kellie & Anor v Wheatley & Lloyd Architects Ltd

The claimants did not instruct the defendant to design a Border Oak style garage/workshop; the defendant's advice and design were not negligent; no breach of duty was established; and even if breach had occurred, causation and quantum were not proved.

Source-derived case information.

Parties
Claimant: Peter Kellie; Claimant: Kelly Kellie; Defendant: Wheatley & Lloyd Architects Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2014
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Architects' Duty of Care, Planning Permission, Limitation of Actions, Quantum of Damages
Professional Negligence Contract Law Tort Law Architects' Duty of Care Planning Permission Limitation of Actions Quantum of Damages

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Parties

Peter Kellie

Claimant

Kelly Kellie

Claimant

Wheatley & Lloyd Architects Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached its duty of care as architect by failing to advise or design a Border Oak style garage/workshop
  2. 2 Whether the claimants instructed the defendant to design a Border Oak style garage
  3. 3 Whether the defendant's advice regarding planning permission and permitted development rights was negligent

Ratio Decidendi

The claimants did not instruct the defendant to design a Border Oak style garage/workshop; the defendant's advice and design were not negligent; no breach of duty was established; and even if breach had occurred, causation and quantum were not proved.

Court Disposition

Claim dismissed