Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others: CA 9 Oct 1990

The claimants had taken an assignment of leasehold premises. They sought to recover for building defects.
Held: The assignment was effective to transfer to Linden Gardens the causes of action for subsisting breaches of contract by M and H and Ashwell Construction and that the assignee could recover such damages as Stock Conversion could have recovered had there been no assignment.

Judges:

Nourse and Staughton LJJ and Sir Michael Kerr

Citations:

(1992) 57 BLR 57

Jurisdiction:

England and Wales

Cited by:

Appeal fromLinden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine HL 8-Dec-1993
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser.
Held: . .
Lists of cited by and citing cases may be incomplete.

Damages, Landlord and Tenant

Updated: 07 August 2022; Ref: scu.407775