Aldersgate Estates Ltd v HAM Construction Ltd [2013] EWHC 104 (TCC) (31 January 2013)

Aldersgate Estates Ltd v HAM Construction Ltd [2013] EWHC 104 (TCC) (31 January 2013)

The application for a preliminary issue was refused because it was made too late, would cause delay and additional cost, would not dispose of the proceedings or significantly reduce trial time, and there was no agreement between the parties or evidence that it would facilitate settlement.

Citation
[2013] EWHC 104 (TCC)
Parties
Claimant: Aldersgate Estates Limited; First Defendant: Ham Construction Limited (in liquidation); Second Defendant: Robinson Consulting Limited (in administration)
Jurisdiction
England and Wales
Judgment Date
31 January 2013
Procedural Posture
Civil Construction/professional Negligence / Interlocutory Application for Preliminary Issue Prior to Full Trial
Outcome
Application dismissed
Legal Topics
Preliminary Issues, Scope of Duty of Care, Remoteness of Damages, Case Management, Summary Assessment of Costs
Construction Law Professional Negligence Civil Procedure Preliminary Issues Scope of Duty of Care Remoteness of Damages Case Management Summary Assessment of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Aldersgate Estates Limited

Claimant

Ham Construction Limited (in liquidation)

First Defendant

Robinson Consulting Limited (in administration)

Second Defendant

Procedural Posture

Civil Construction/professional Negligence / Interlocutory Application for Preliminary Issue Prior to Full Trial

Legal Issues

  1. 1 Whether the claim for damages for diminution in market value falls within the scope of the Second Defendant's duty of care and whether those alleged losses are too remote
  2. 2 Whether a preliminary issue should be ordered at this stage of proceedings

Ratio Decidendi

The application for a preliminary issue was refused because it was made too late, would cause delay and additional cost, would not dispose of the proceedings or significantly reduce trial time, and there was no agreement between the parties or evidence that it would facilitate settlement.

Court Disposition

Application dismissed

Orders

  • Robinson to pay two thirds of Aldersgate's costs of the application, summarily assessed at £9,000, payable within 14 days