Vinci Construction UK Limited v Eastwood and Partners (Consulting Engineers) Limited & Anor

Vinci Construction UK Limited v Eastwood and Partners (Consulting Engineers) Limited & Anor

Snowden's claim in contract against GHW is statute-barred and must be struck out. Snowden's claim in negligence is not suitable for summary judgment as there is a real prospect of success regarding the limitation issue under section 14A. The contribution claim is sufficiently pleaded and not liable to be struck out at this stage.

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
11 September 2024
Procedural Posture
Civil Technology and Construction / Summary Judgment and Strike Out Applications
Outcome
Partial summary judgment and strike out granted; remainder of applications dismissed.
Legal Topics
Limitation Period, Negligence, Contribution Claims, Summary Judgment, Strike Out Applications
Construction Law Professional Negligence Limitation Law Limitation Period Negligence Contribution Claims Summary Judgment Strike Out Applications

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 / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether Snowden's claim in negligence 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. Snowden's claim in negligence is not suitable for summary judgment as there is a real prospect of success regarding the limitation issue under section 14A. The contribution claim is sufficiently pleaded and not liable to be struck out at this stage.

Court Disposition

Partial summary judgment and strike out granted; remainder of applications dismissed.

Orders

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