Aldersgate Estates Ltd v HAM Construction Ltd

Aldersgate Estates Ltd v HAM Construction Ltd

The application for a preliminary issue was dismissed due to late timing, lack of agreement, risk of delay and increased costs, absence of agreed facts, and no measurable prospect of settlement. The preliminary issue would not resolve the whole case or save hearing time.

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 / Ruling on Application for Preliminary Issue
Outcome
Application dismissed
Legal Topics
Preliminary Issues, Duty of Care, Remoteness of Damages, Quantum of Damages, Case Management
Civil Procedure Professional Negligence Contract Law Preliminary Issues Duty of Care Remoteness of Damages Quantum of Damages Case Management

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Parties

Aldersgate Estates Limited

Claimant

Ham Construction Limited (in liquidation)

First Defendant

Robinson Consulting Limited (in administration)

Second Defendant

Procedural Posture

Civil / Ruling on Application for Preliminary Issue

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
  2. 2 Whether the alleged losses are too remote
  3. 3 Whether a preliminary issue should be ordered at this stage

Ratio Decidendi

The application for a preliminary issue was dismissed due to late timing, lack of agreement, risk of delay and increased costs, absence of agreed facts, and no measurable prospect of settlement. The preliminary issue would not resolve the whole case or save hearing time.

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