Naylor & Ors v Roamquest Ltd & Anor

Naylor & Ors v Roamquest Ltd & Anor

The additional defects claim is inadequately pleaded and speculative; the claimants must be given an opportunity to amend their pleadings to set out a positive case. The claimants have an arguable case for standing and for residual diminution in value, which are matters for trial. The application for strike out or summary judgment is adjourned pending amendment of the pleadings.

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
Application adjourned
Legal Topics
Building Regulations Compliance, Defective Premises Act 1972, Damages for Breach of Contract, Standing to Sue for Defects, Diminution in Value, Summary Judgment, Strike Out Applications
Construction Law Property Law Contract Law Tort Law Building Regulations Compliance Defective Premises Act 1972 Damages for Breach of Contract Standing to Sue for Defects +3 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 claimants' additional defects claim is sufficiently pleaded to proceed to trial
  2. 2 Whether the claimants have standing to claim for the full cost of remedial works
  3. 3 Whether the claim for residual diminution in value is properly pleaded and can proceed

Ratio Decidendi

The additional defects claim is inadequately pleaded and speculative; the claimants must be given an opportunity to amend their pleadings to set out a positive case. The claimants have an arguable case for standing and for residual diminution in value, which are matters for trial. The application for strike out or summary judgment is adjourned pending amendment of the pleadings.

Court Disposition

Application adjourned

Orders

  • Claimants granted leave to amend their pleadings regarding additional defects claim.
  • Defendants’ application for strike out or summary judgment adjourned pending consideration of amendments.