Secker v Fairhill Property Services Ltd & Ors

Secker v Fairhill Property Services Ltd & Ors

There was no evidence to support the existence of a collateral contract as pleaded or any collateral contract that would assist the claimant. The claimant relied on the NHBC guarantee, not a separate contractual undertaking by the defendants. Therefore, the claim in contract must fail.

Parties
Claimant: Christine Secker; 1st Defendant: Fairhill Property Services Ltd; 2nd Defendant: Simon Goulding; 3rd Defendant: Sharon Goulding; 4th Defendant: Paul Prude
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Civil / Judgment After Trial of Liability Only
Outcome
Claim dismissed
Legal Topics
Collateral Contract, Implied Terms, Snagging Defects, NHBC Guarantee, Sale of New Build Property
Contract Law Collateral Contract Implied Terms Snagging Defects NHBC Guarantee Sale of New Build Property

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Parties

Christine Secker

Claimant

Fairhill Property Services Ltd

1st Defendant

Simon Goulding

2nd Defendant

Sharon Goulding

3rd Defendant

Paul Prude

4th Defendant

Procedural Posture

Civil / Judgment After Trial of Liability Only

Legal Issues

  1. 1 Whether a collateral contract existed obliging the defendants to remedy defects post-completion
  2. 2 Whether the claimant relied on an implied or collateral contractual obligation for snagging works
  3. 3 Whether the defendants were in breach of any such contract and if so, whether that caused the claimant's injury

Ratio Decidendi

There was no evidence to support the existence of a collateral contract as pleaded or any collateral contract that would assist the claimant. The claimant relied on the NHBC guarantee, not a separate contractual undertaking by the defendants. Therefore, the claim in contract must fail.

Court Disposition

Claim dismissed