Hodgson v National House Building Council [2018] EWHC 2226 (TCC) (29 August 2018)

Hodgson v National House Building Council [2018] EWHC 2226 (TCC) (29 August 2018)

The claimant has a real prospect of success on the claim for payment under the Settlement Agreement, as it is arguable that the agreement entitles him to the cost of remedial works as defined, regardless of whether works were carried out or property sold. The 'no loss' defence and issue estoppel arguments raise factual and legal issues unsuitable for summary determination; the applications for summary judgment and strike out are dismissed.

Citation
[2018] EWHC 2226 (TCC)
Parties
Claimant/respondent: Mr Simon Hodgson; Defendant/applicant: National House Building Council
Jurisdiction
England and Wales
Judgment Date
29 August 2018
Procedural Posture
Summary Judgment And/or Strike Out Application / Interlocutory
Outcome
Applications for summary judgment and strike out dismissed
Legal Topics
Indemnity Principle, Issue Estoppel, Abuse of Process, Settlement Agreements, Measure of Damages
Contract Law Insurance Law Civil Procedure Indemnity Principle Issue Estoppel Abuse of Process Settlement Agreements Measure of Damages

Case Brief

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Parties

Mr Simon Hodgson

Claimant/respondent

National House Building Council

Defendant/applicant

Procedural Posture

Summary Judgment And/or Strike Out Application / Interlocutory

Legal Issues

  1. 1 Whether the claimant suffered recoverable loss under the NHBC Buildmark Policy and Settlement Agreement after selling the property without remedial works
  2. 2 Whether claims now made are barred by issue estoppel or abuse of process due to prior arbitration
  3. 3 Whether the Settlement Agreement entitles the claimant to payment for remedial works not carried out

Ratio Decidendi

The claimant has a real prospect of success on the claim for payment under the Settlement Agreement, as it is arguable that the agreement entitles him to the cost of remedial works as defined, regardless of whether works were carried out or property sold. The 'no loss' defence and issue estoppel arguments raise factual and legal issues unsuitable for summary determination; the applications for summary judgment and strike out are dismissed.

Court Disposition

Applications for summary judgment and strike out dismissed

Orders

  • Claim may proceed to trial