The claimant bought a property. The previous owner had had it refurbished with a grant, but it now appeared that that work had been defective. He sought damages in negligence from the defendant grant paying authority for having paid out the full amount of the grant without having withheld under the Order a sum to cover the necessary works of repair.
Held: The statutory power to withhold part payment was exercisable in favour of the defendants only, and they had no duty of care to a subsequent purchaser of the property. No duty was imposed on the Council where the purpose of the statutory scheme was to protect the public:
Lord Bridge of Harwich
[1987] 2 All ER 13, [1987] 2 WLR 1043, [1987] AC 718
Housing (Northern Ireland) Order 1976 (1976 No 1780) 47(2)(3) 60(5)
Northern Ireland
Citing:
Distinguished – Anns and Others v Merton London Borough Council HL 12-May-1977
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.188819
