Naylor & Ors v Roamquest Ltd & Anor [2021] EWHC 3507 (TCC) (23 December 2021)

Naylor & Ors v Roamquest Ltd & Anor [2021] EWHC 3507 (TCC) (23 December 2021)

Permission to amend is granted only to the extent that the amended claims are supported by prima facie expert evidence establishing a real prospect of success. Claims for further remediation of retained facade elements (Cempanel, Tyvek, timber supports) are struck out except for the limited exception identified by the fire safety expert (defective cavity barriers adjacent to combustible foam panels). The pleadings as amended are otherwise permitted where not opposed or where supported by evidence. The Building Regulations' application to retained elements is a matter for trial and cannot be summarily determined at this stage.

Citation
[2021] EWHC 3507 (TCC)
Parties
Claimants: Miss Elaine Naylor and Others; First Defendant: Roamquest Limited; Second Defendant: Galliard Construction Limited
Jurisdiction
England and Wales
Judgment Date
23 December 2021
Procedural Posture
Civil Construction/defective Premises / Interlocutory Application for Strike Out and Permission to Amend Pleadings
Outcome
Partially allowed; permission to amend granted in part, strike out granted in part.
Legal Topics
Defective Premises Act 1972, Building Regulations 2010, Remedial Works, Summary Judgment, Amendment of Pleadings, Standing, Diminution in Value, Expert Evidence
Construction Law Contract Law Tort Law Defective Premises Act 1972 Building Regulations 2010 Remedial Works Summary Judgment Amendment of Pleadings +3 more

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Parties

Miss Elaine Naylor and Others

Claimants

Roamquest Limited

First Defendant

Galliard Construction Limited

Second Defendant

Procedural Posture

Civil Construction/defective Premises / Interlocutory Application for Strike Out and Permission to Amend Pleadings

Legal Issues

  1. 1 Whether the amended claims regarding retained facade elements and remedial works have a real prospect of success under the Defective Premises Act 1972 and/or contract
  2. 2 Whether the pleadings as amended are sufficiently particularised and supported by evidence
  3. 3 Whether the Building (Amendment) Regulations 2018 require removal of certain retained materials

Ratio Decidendi

Permission to amend is granted only to the extent that the amended claims are supported by prima facie expert evidence establishing a real prospect of success. Claims for further remediation of retained facade elements (Cempanel, Tyvek, timber supports) are struck out except for the limited exception identified by the fire safety expert (defective cavity barriers adjacent to combustible foam panels). The pleadings as amended are otherwise permitted where not opposed or where supported by evidence. The Building Regulations' application to retained elements is a matter for trial and cannot be summarily determined at this stage.

Court Disposition

Partially allowed; permission to amend granted in part, strike out granted in part.

Orders

  • Permission to amend Particulars of Claim is granted only to the extent supported by expert evidence and not opposed by Defendants.
  • Claims for remediation of retained facade elements (Cempanel, Tyvek, timber supports) are struck out except for the limited exception relating to defective cavity barriers adjacent to combustible foam panels.