THE LESSEES AND MANAGEMENT COMPANY OF HERONS COURT v HERONSLEA LTD AND OTHERS

[2019] EWCA Civ 1423, Court of Appeal Civil Division, Lewison, Floyd and Hamblen LJJ, 14 August 2019

Damages – Defective Premises Act 1972 – Whether approved inspectors owe a duty under section 1 of the Act

The claimants brought a claim for damages against four defendants arising out of the alleged defective construction of flats in 2012. The claimants were the lessees of the flats, either as original purchasers or assignees of the long leasehold interests, together with the lessees' management company. The present proceedings concerned the fourth defendant, who was an approved inspector under the Building Act 1984 and who had, under a contract with the developer, provided building control services including inspection and certification in order to ensure that the flats were compliant with building regulations. The fourth defendant applied to strike-out the claim against it on the ground that it did not owe a duty to the claimants under section 1 of the Defective Premises Act 1972.