Hodgson v National House Building Council

Hodgson v National House Building Council

The claimant has a real prospect of success on item 2 (foundations) only; all other claims have either been determined in prior arbitration or lack reasonable grounds. The Settlement Agreement does not entitle the claimant to payment for remedial works already decided or not notified under the policy. The application for summary judgment and strike out is granted in respect of all claims except item 2.

Parties
Claimant/respondent: Mr Simon Hodgson; Defendant/applicant: National House Building Council
Jurisdiction
England and Wales
Judgment Date
29 August 2018
Procedural Posture
Civil / Summary Judgment And/or Strike Out Application
Outcome
Application for summary judgment and/or strike out granted in part.
Legal Topics
Indemnity Principle, Issue Estoppel, Abuse of Process, Settlement Agreements, Remedial Works, Diminution in Value
Contract Law Insurance Law Civil Procedure Indemnity Principle Issue Estoppel Abuse of Process Settlement Agreements Remedial Works +1 more

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Parties

Mr Simon Hodgson

Claimant/respondent

National House Building Council

Defendant/applicant

Procedural Posture

Civil / Summary Judgment And/or Strike Out Application

Legal Issues

  1. 1 Whether the claimant suffered recoverable loss under the NHBC Buildmark Policy and Settlement Agreement
  2. 2 Whether claims advanced 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 item 2 (foundations) only; all other claims have either been determined in prior arbitration or lack reasonable grounds. The Settlement Agreement does not entitle the claimant to payment for remedial works already decided or not notified under the policy. The application for summary judgment and strike out is granted in respect of all claims except item 2.

Court Disposition

Application for summary judgment and/or strike out granted in part.

Orders

  • Claims in respect of items 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 in the new Scott Schedule are struck out or summary judgment entered for the defendant.
  • Claimant may pursue item 2 (foundations) only.