Doomed from the start

Lord Fraser’s expression in the House of Lords case of Pirelli v. Oscar Faber & Partners (1983). Held: the cause of action, in property damage claims based on negligence, accrued at the time of the damage and not the time of discovery/discoverability for the purpose of the six-year limitation period. Lord Fraser qualified this by saying that a building could be so defective as to be ‘doomed from the start’ so causing the time to run from completion. Lord Fraser’s qualification created the risk that owners of properties with latent defects could run out of time even before sustaining or discovering damage. The Latent Damages Act 1986 remedies the problem.

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