Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024] EWHC 1579 (KB) (25 June 2024)

Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024] EWHC 1579 (KB) (25 June 2024)

The claim form was not validly served on the defendants in accordance with the Civil Procedure Rules, and there was no binding agreement to extend time for service to 8 June 2023. Relief from sanctions for late service is refused. The application to amend the name of the second defendant from Sheppard Robson Architects LLP to Sheppard Robson Limited is refused as impermissible after expiry of the limitation period. The application to add additional claimants (minors) is refused as consequential upon the failure of the main applications.

Citation
[2024] EWHC 1579 (KB)
Parties
Claimant: The Occupiers of Samuel Garside House; First Defendant: Bellway Homes Limited; Second Defendant: Sheppard Robson Architects LLP
Jurisdiction
England and Wales
Judgment Date
25 June 2024
Procedural Posture
High Court Civil Claim (king's Bench Division) / Interlocutory Applications: Service of Claim Form, Relief From Sanctions, Amendment of Parties
Outcome
Applications refused
Legal Topics
Service of Claim Form, Relief From Sanctions, Amendment of Parties, Limitation Periods, Defective Premises Act 1972, Building Safety Act 2022
Civil Procedure Tort Construction Law Service of Claim Form Relief From Sanctions Amendment of Parties Limitation Periods Defective Premises Act 1972 +1 more

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Parties

The Occupiers of Samuel Garside House

Claimant

Bellway Homes Limited

First Defendant

Sheppard Robson Architects LLP

Second Defendant

Procedural Posture

High Court Civil Claim (king's Bench Division) / Interlocutory Applications: Service of Claim Form, Relief From Sanctions, Amendment of Parties

Legal Issues

  1. 1 Whether the claim form was validly served on the defendants under the Civil Procedure Rules
  2. 2 Whether relief from sanctions should be granted for late service of the claim form and particulars of claim
  3. 3 Whether the name of the second defendant can be amended from Sheppard Robson Architects LLP to Sheppard Robson Limited after expiry of the limitation period

Ratio Decidendi

The claim form was not validly served on the defendants in accordance with the Civil Procedure Rules, and there was no binding agreement to extend time for service to 8 June 2023. Relief from sanctions for late service is refused. The application to amend the name of the second defendant from Sheppard Robson Architects LLP to Sheppard Robson Limited is refused as impermissible after expiry of the limitation period. The application to add additional claimants (minors) is refused as consequential upon the failure of the main applications.

Court Disposition

Applications refused

Orders

  • Claimants' application for declaration of valid service refused
  • Application for relief from sanctions refused