legal action against approved inspector

[be96erj]

Can anyone tell me what the latest thoughts are re suing approved inspectors? I know that local authority inspectors have been deemed to be beyond reproach, but information written 10 years ago state that as a contract exists between the parties, the approved inspector is open to tort.

Can anyone offer some guidance?

thanks

 

[motorbiking]

Are you suing for breach or negligence?

 

[be96erj]

Not sure, I would need to get legal advice on that. Probably negligence.

 

[motorbiking]

Ok well first thing to do is read up on Negligence law, just so that you understand if you can make your case.. there are two "tests" your claim has to pass
1. The Assumption of Responsibility - that the inspector had an assumed responsibility, offered advice that was relied on and that you suffered loss as a result.

2. establishing a duty of care - this is often known as the Caparo test (after the case of Caparo Industries plc v Dickman) Here you have to show 3 things:

i) The harm caused by the negligent actions must be reasonably foreseeable;
ii) The relationship between the parties to the dispute must be one of reasonable proximity; and
iii) It must be fair, reasonable, and just to impose liability.

If your claim is simply that they missed something, you are going to struggle.

 

[^woody^]

Unless your house fell down, then you have little chance of even getting the claim to court.

 

[motorbiking]

I'm not sure if recommending other forums is allowed, but this http://swarblaw.co.uk/viewforum.php?f=25
would be a good place to discuss law.

 

[wessex101]

Local Authority inspectors are accountable via the Local Government Ombudsman and legally under tort although cases are very rare and the calculation of losses seems very limited so I can only assume approved inspectors are also accountable under tort. You also have a contractural arrangement with an approved inspector so there must be some contract law in there as well.

Depends what the basis of the claim is as the actual responsibilties held by the inspector are really very limited, most liability remains with the designer and/or builder.

 

[tony1851]

Remember that an inspector's role is just to check compliance with Building Regulations;
as these are generally cast as performance standards, it can often be difficult to prove that something doesn't comply.

 

[motorbiking]

perhaps, but to prove negligence you'd need more than something which should have complied and doesn't to be the responsibility of the inspector. They don't and can't check everything.

it would have to be a failure that was foreseeable and likely to cause harm, that was brought to the attention of the inspector and ignored.

breach of contract would be a lot easier but damages might be also contractually limited.

 

[^woody^]

I'm not sure if recommending other forums is allowed, but this
would be a good place to discuss law.

It could be discussed on cBeebies forum just as well, as the OP does not even know what he wants to claim for, FFS. He just wants to claim. But there's noting like an armchair and Google for some hypathetical debate about matters of law.

 

[diyal]

perhaps, but to prove negligence you'd need more than something which should have complied and doesn't to be the responsibility of the inspector. They don't and can't check everything.

it would have to be a failure that was foreseeable and likely to cause harm, that was brought to the attention of the inspector and ignored.

breach of contract would be a lot easier but damages might be also contractually limited.

agreed!

 

[wessex101]

I had a look at that swarblaw site. I have to say the regulars on here are far more clued up (not me I hasten to add).

The OP just needs to say what he wants to claim for. I think it is a common misconception that the building inspector is a sort of Clerk of Works and any defective work is down to them.

 

[noseall]

The OP just needs to say what he wants to claim for. I think it is a common misconception that the building inspector is a sort of Clerk of Works and any defective work is down to them.

Agree.
The amount of times I hear a heavy sigh when a BCO is on his way to visit a DIYer because he's having to hold his hand and nurse him through his building project.

 

[motorbiking]

In my own experience a BCO told me how nice it was to deal with a DIYer who listened and did what he wast asked rather than spent the time arguing

 

[tony1851]

I knew a building inspector (retired now) who would turn up on site and introduce himself to the builder by saying "I'm your worst nightmare".

(LABC, of course).