It was established by the House of Lords in St Martin's Property Corporation Ltd and Another v Sir Robert McAlpine & Sons Ltd [1994] 1 AC 85, that the non-owner of property is able to recover substantial damages for breach of contract in relation to that property. The point was limited to a degree in Panatown Ltd v Alfred McAlpine Construction Ltd [2001] 1 AC 518, where it was held that a ’duty of care' deed in the contract operates to oust the principle in Linden Gardens, because the injured party should instead sue on the basis of the deed, rather than have another party sue on their behalf.