Vinci Construction UK Ltd v Eastwood And Partners (Consulting Engineers) Ltd & Anor [2023] EWHC 1899 (TCC) (24 July 2023)

Vinci Construction UK Ltd v Eastwood And Partners (Consulting Engineers) Ltd & Anor [2023] EWHC 1899 (TCC) (24 July 2023)

Snowden's claim in contract against GHW is statute-barred and must be struck out; however, Snowden's claim in negligence is not suitable for summary judgment as there is a real prospect of establishing at trial that the claim is not time-barred under section 14A of the Limitation Act 1980. The contribution claim is sufficiently pleaded and not suitable for strike out at this stage.

Citation
[2023] EWHC 1899 (TCC)
Parties
Claimant: VINCI CONSTRUCTION UK LIMITED; First Defendant: EASTWOOD AND PARTNERS (CONSULTING ENGINEERS) LIMITED; Second Defendant: SNOWDEN SEAMLESS FLOORS LIMITED; Third Party: GHW CONSULTING ENGINEERS LIMITED
Jurisdiction
England and Wales
Judgment Date
24 July 2023
Procedural Posture
Civil (technology and Construction Court) / Interlocutory Application for Summary Judgment and Strike Out
Outcome
Application granted in part and dismissed in part
Legal Topics
Limitation of Actions, Negligence, Contribution Claims, Summary Judgment, Strike Out Applications
Construction Law Tort Law Contract Law Civil Procedure Limitation of Actions Negligence Contribution Claims Summary Judgment +1 more

Case Brief

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Parties

VINCI CONSTRUCTION UK LIMITED

Claimant

EASTWOOD AND PARTNERS (CONSULTING ENGINEERS) LIMITED

First Defendant

SNOWDEN SEAMLESS FLOORS LIMITED

Second Defendant

GHW CONSULTING ENGINEERS LIMITED

Third Party

Procedural Posture

Civil (technology and Construction Court) / Interlocutory Application for Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether Snowden's claim in contract and/or tort against GHW is statute-barred under the Limitation Act 1980
  2. 2 Whether Snowden's claim for contribution under the Civil Liability (Contribution) Act 1978 discloses a valid cause of action

Ratio Decidendi

Snowden's claim in contract against GHW is statute-barred and must be struck out; however, Snowden's claim in negligence is not suitable for summary judgment as there is a real prospect of establishing at trial that the claim is not time-barred under section 14A of the Limitation Act 1980. The contribution claim is sufficiently pleaded and not suitable for strike out at this stage.

Court Disposition

Application granted in part and dismissed in part

Orders

  • Snowden's claim in contract against GHW is struck out as statute-barred.
  • GHW's application for summary judgment and/or strike out of the negligence and contribution claims is dismissed.