STANDARD LIFE ASSURANCE LIMITED v GLEEDS (UK) (a firm) & Ors

STANDARD LIFE ASSURANCE LIMITED v GLEEDS (UK) (a firm) & Ors

The Defendants have not established that Standard Life’s pleaded case on recoverable loss has no real prospect of success; the assessment of loss is fact-sensitive and should not be determined without trial or clear pleaded issues and expert evidence.

Parties
Claimant: Standard Life Assurance Limited; First Defendant: Gleeds (UK); Second Defendant: Buro Four Project Services Limited; Third Defendant: Shearer Property Associates Limited
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Civil / Application for Strike Out And/or Summary Judgment
Outcome
Application to strike out parts of the pleading or for summary judgment dismissed.
Legal Topics
Negligent Advice, Assessment of Damages, Strike Out, Summary Judgment, Scope of Duty, Recoverable Loss
Tort Contract Professional Negligence Negligent Advice Assessment of Damages Strike Out Summary Judgment Scope of Duty +1 more

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Parties

Standard Life Assurance Limited

Claimant

Gleeds (UK)

First Defendant

Buro Four Project Services Limited

Second Defendant

Shearer Property Associates Limited

Third Defendant

Procedural Posture

Civil / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim for damages should be struck out or summary judgment granted on parts of the claim for lack of reasonable grounds or real prospect of success
  2. 2 Whether the value of the completed development should be deducted from the claimed losses
  3. 3 Whether the pleaded losses are recoverable in law

Ratio Decidendi

The Defendants have not established that Standard Life’s pleaded case on recoverable loss has no real prospect of success; the assessment of loss is fact-sensitive and should not be determined without trial or clear pleaded issues and expert evidence.

Court Disposition

Application to strike out parts of the pleading or for summary judgment dismissed.

Orders

  • By 4.00pm on 24 June 2022, the Claimant shall file and serve draft amended particulars of quantum on Part A and Amended Particulars of Claim on Part C.
  • By 4.00pm on 1 July 2022, Defendants shall notify whether they consent or object to the amendments; if objection is taken, Claimant shall apply for permission to amend by 4.00pm on 8 July 2022; if no objection, draft served on 24 June 2022 shall stand as Amended Particulars of Claim without need for re-service.