Naylor & Ors v Roamquest Ltd & Anor [2021] EWHC 567 (TCC) (10 March 2021)

Naylor & Ors v Roamquest Ltd & Anor [2021] EWHC 567 (TCC) (10 March 2021)

The additional defects claim is inadequately particularised and cannot proceed in its current form, but the claimants are given an opportunity to amend their pleadings. The claimants have an arguable case for standing and for residual diminution in value, which are matters for trial, not summary determination.

Citation
[2021] EWHC 567 (TCC)
Parties
Claimants: Miss Elaine Naylor & Others; First Defendant: Roamquest Limited; Second Defendant: Galliard Construction Limited
Jurisdiction
England and Wales
Judgment Date
10 March 2021
Procedural Posture
Civil / Interlocutory Application for Strike Out And/or Summary Judgment
Outcome
Defendants' application adjourned pending amendments; no summary judgment or strike out granted at this stage.
Legal Topics
Building Regulations Compliance, Defective Premises Act 1972, Damages for Diminution in Value, Standing of Leaseholders, Summary Judgment, Strike Out Applications
Construction Law Property Law Tort Law Building Regulations Compliance Defective Premises Act 1972 Damages for Diminution in Value Standing of Leaseholders Summary Judgment +1 more

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Parties

Miss Elaine Naylor & Others

Claimants

Roamquest Limited

First Defendant

Galliard Construction Limited

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim for additional defects is sufficiently particularised to proceed
  2. 2 Whether claimants have standing to claim for remedial works and diminution in value
  3. 3 Whether claims for diminution in value are properly pleaded and calculated

Ratio Decidendi

The additional defects claim is inadequately particularised and cannot proceed in its current form, but the claimants are given an opportunity to amend their pleadings. The claimants have an arguable case for standing and for residual diminution in value, which are matters for trial, not summary determination.

Court Disposition

Defendants' application adjourned pending amendments; no summary judgment or strike out granted at this stage.

Orders

  • Claimants granted time to amend pleadings regarding additional defects claim.
  • Defendants' application for strike out/summary judgment adjourned.