UK Insurance Ltd v Carillion Specialist Services Ltd

UK Insurance Ltd v Carillion Specialist Services Ltd

The Claimant had acquired the requisite knowledge for limitation purposes by June 2013 upon receipt of the Morley letter, which identified insufficient movement joints as a cause of the render cracking. This knowledge was sufficient to start time running under section 14A of the Limitation Act 1980. The claim was therefore time barred and had no real prospect of success.

Parties
Claimant: UK Insurance Limited; First Defendant: Carillion Specialist Services Limited; Second Defendant: Construction Auditing Services Limited
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Tort Claim for Professional Negligence / Summary Judgment and Strike Out Applications
Outcome
Claim dismissed as time barred; summary judgment granted for Second Defendant.
Legal Topics
Limitation of Actions, Summary Judgment, Strike Out, Duty of Care, Causation, Latent Defects Insurance
Insurance Law Tort Law Professional Negligence Civil Procedure Limitation of Actions Summary Judgment Strike Out Duty of Care +2 more

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Parties

UK Insurance Limited

Claimant

Carillion Specialist Services Limited

First Defendant

Construction Auditing Services Limited

Second Defendant

Procedural Posture

Tort Claim for Professional Negligence / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the Claimant's claim against the Second Defendant is time barred under section 14A of the Limitation Act 1980
  2. 2 Whether the Claimant's statement of case discloses reasonable grounds for bringing the claim against the Second Defendant

Ratio Decidendi

The Claimant had acquired the requisite knowledge for limitation purposes by June 2013 upon receipt of the Morley letter, which identified insufficient movement joints as a cause of the render cracking. This knowledge was sufficient to start time running under section 14A of the Limitation Act 1980. The claim was therefore time barred and had no real prospect of success.

Court Disposition

Claim dismissed as time barred; summary judgment granted for Second Defendant.

Orders

  • Summary judgment granted in favour of the Second Defendant.
  • Claim dismissed.