Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 80
And 昀椀nally, this case was unique due to the exposed
location and that the house was practically rebuilt
and had not gone through a winter of harsh weather.
Mind you, there may well be other cases that have
unique factors in them that are totally di昀昀erent but
which the surveyor should have ben ‘alive to’, and
will result in a court case due to the negligence of
the surveyor. The watch word is therefore to always
ensure that you have considered all relevant aspects
in your survey and report, and not just the ones you
cover day to day.
Be alert to signs of inadequate design or construction.
There were at least three areas of poor construction
that was not mentioned implicitly by Richard Large
and had he brought them together and cast doubt
on the level of construction then there could have
been a very di昀昀erent outcome to this case.
Draw the client’s attention to the need for terms
of protection (eg NHBC or PCC certi昀椀cate and
guarantees on speci昀椀c items). If there was one thing
that this case hinged upon and that was the lack
of the PCC. The architect was unable to provide
one even had they been asked because they did not
carry out the required site supervision, the solicitor
failed to ask for the PCC and made other errors in
the conveyancing and Richard Large failed to point
out to Mr & Mrs Hart that the only way to ensure
that the damp proo昀椀ng was installed correctly was
to have a PCC.
Author, John Cranna
Structural Engineer
E: john@johncranna.co.uk
www.johncranna.co.uk
T: 01873 855541
References:
It should be emphasised that the comments above
only really apply to this case and not to all other
conversions and extensions. For instance, a loft
conversion may be carried out to a house without
a PCC but the level of risk to a purchaser is low
compared to the Hart house. And it is pointless
asking for one where the loft conversion was carried
out 10 years and no one knows who the architect or
builder was!
Hart-Hart-v-Large-2020-EWHC-985.pdf
https://professionalnegligenceclaimsolicitors.co.uk/wpcontent/uploads/Hart-Hart-v-Large-2020-EWHC-985.pdf
055 The Practical Implications of Hart vs Large
https://www.lovesurveying.com/podcasts/the-surveyor-hubpodcast/episodes/2148104972
Large case summary 180620.pdf
https://www.rpsa.org.uk/rpsadocs/Large%20case%20
summary%20180620.pdf
Dr John Eaton
Chartered Architect
John Robert Cranna BSc CEng MICE, is a Chartered Engineer he graduated
from Durham University with an honours degree in Engineering Science in 1978.
He gained chartered status with the Institution of Civil Engineers in 1985.
Doctor of Philosophy - University of Nottingham, Master of Arts
University of Nottingham Architectural Management, Diploma in Architecture (Distinction) Leicester School of Architecture, Bachelor of Arts (Hons) - University of Leicester - Philosophy,
Politics and Economics.
His expertise involves the design of new building structures (both domestic and
industrial), renovation and change of use of old buildings, surveys of houses and
buildings for new owners and subsidence investigations and retaining wall design. John
is experienced in the design of steel and concrete frame buildings and design of timber
and masonry in domestic and industrial buildings. He undertakes steel portal frame
design for both agricultural and industrial buildings.
In 1992, Dr John Eaton formed John Eaton & Company to undertake design work and
to offer specialist advice and services. Architectural projects remain an important part
of the practice and projects are undertaken on a regular basis. This work includes
medium size domestic and commercial projects to larger scale work. Most recently,
Dr Eaton was appointed as lead consultant on a major library refurbishment and
new-build project in central London working as the leader of a multi-disciplinary
team. His instructions have included work on projects in Europe and North America.
John has been consulted many times on expert witness work for various building
failures. Most cases have been resolved before court proceedings. He has given
evidence in court in the case of the collapse of a large retaining wall and to report on
the safety of a steel frame agricultural building. He also has experience in the
production of reports as a single joint expert.
Dr John Eaton undertakes expert witness work inclusive of appearances at arbitration
hearings and in the courts. Dr Eaton has undertaken the Cardiff University expert
witness training scheme and has a Diploma from that institution. He regularly acts as
an expert witness in construction disputes and has been appointed by a large number
of firms of solicitors.
Typical expert witness cases in which he has been involved include:
• Collapse of a retaining wall in Haverfordwest due to utility contractors digging a
trench in front of an old stone retaining wall. Working for the claimant.
• Damage to a retaining wall in Merthyr Tydfil. Working for the claimant
• Defects to an extension in Newport. Working for the defendant.
• Assessing value of a partly built garden room in Cardiff and assessing quality of
the completed work. Working for the claimant.
• Assessing the quality of the base timbers laid for a garden room and whether it
was suitable to support a snooker table. Working for the claimant
• Determining the stability and build quality of a conservatory in Milford Haven.
These have included - Barton Legal, Beachcroft, Berryman Lace & Mawer, Bridge
McFarlane, Browne Jacobson, Chattertons, DLA, Piper Davis Wallis Foyster, Edge
Ellison, Eversheds, Freeth Cartwright, HBJ, HCB Solicitors Ltd, Hughes Paddison
Solicitors, Gateley Wareing, Hammond Suddards Edge, Kennedy's, Josia Hinks, LDJ
Solicitors, McGrigors, Pinsent Masons, Reynolds Coleman and Bradley, Ringrose Law,
Trowers and Hamlin, VWV Solicitors and Walker Morris.
In addition to instructions from firms of specialist construction solicitors Dr John Eaton
has also been appointed by construction firms and organisations on a direct basis.
Among those who have given instructions are - Barclays Bank, Ballast plc, Bluestone,
Hugh Bourn Developments Ltd, Galiford Try, Gelder Group, JH Hallam Contracts,
DW Hicks Ltd, Miller Construction, Morgan Sindall, Stepnell Ltd, Tarmac, Wilson
Bowden plc and David Wilson Homes.
Working for the claimant
• Leaking of a large swim spa (5m x 2m) due to faulty installation, Newport.
• Defects in a garden room roof that was re-glazed in Abergavenny.
• Stability of a steel framed hay barn in Abergavenny.
Dr Eaton acts for the RIBA as a mediator under the RIBA ADR scheme and was an
appointed adjudicator on the RIBA panel. A large number of Adjudications and
Mediations have been undertaken and decisions given arising from these appointments.
Tel: 01873 855541
Email: john@johncranna.co.uk - Website: www.johncranna.co.uk
Address: 39 Lower Monk Street, Abergavenny, NP7 5LU
Area of work: North and South Wales, Midlands, South West England
Tel: 07907 51 44 22
Email: johnrichardeaton@outlook.com
John Eaton Architect, Old Walls, 2 Bluecoat Lane, Lyddington, Rutland, LE15 9LZ
EXPERT WITNESS JOURNAL
78
OCTOBER/NOVEMBER 2025
