Crest Nicholson Operations Ltd & Anor v Grafik Architects Ltd & Anor [2021] EWHC 2948 (TCC) (10 November 2021)

Crest Nicholson Operations Ltd & Anor v Grafik Architects Ltd & Anor [2021] EWHC 2948 (TCC) (10 November 2021)

The claim should not be struck out as the Particulars of Claim disclose a cause of action and reasonable grounds for bringing the claim; deficiencies in particularity can be addressed by further particulars, and Crest has obtained expert advice and intends to serve an expert report.

Citation
[2021] EWHC 2948 (TCC)
Parties
First Claimant: Crest Nicholson Operations Limited; Second Claimant: Crest Nicholson (South West) Limited; First Defendant: Grafik Architects Limited; Second Defendant: NHBC Building Control Services Limited
Jurisdiction
England and Wales
Judgment Date
10 November 2021
Procedural Posture
Application to Strike Out Claim / Pre Trial Interlocutory Hearing
Outcome
Application to strike out dismissed
Legal Topics
Strike Out Applications, Particulars of Claim, Expert Evidence, Building Regulations, Approved Inspector Duties
Construction Law Professional Negligence Civil Procedure Strike Out Applications Particulars of Claim Expert Evidence Building Regulations Approved Inspector Duties

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Parties

Crest Nicholson Operations Limited

First Claimant

Crest Nicholson (South West) Limited

Second Claimant

Grafik Architects Limited

First Defendant

NHBC Building Control Services Limited

Second Defendant

Procedural Posture

Application to Strike Out Claim / Pre Trial Interlocutory Hearing

Legal Issues

  1. 1 Whether the Particulars of Claim disclose reasonable grounds for bringing the claim
  2. 2 Whether the claim should be struck out for lack of particularity
  3. 3 Whether the claim should be struck out for lack of expert evidence

Ratio Decidendi

The claim should not be struck out as the Particulars of Claim disclose a cause of action and reasonable grounds for bringing the claim; deficiencies in particularity can be addressed by further particulars, and Crest has obtained expert advice and intends to serve an expert report.

Court Disposition

Application to strike out dismissed

Orders

  • BCS invited to draft an order identifying further particulars required and seek agreement with Crest; if not agreed, court will hear submissions.
  • No order for early disclosure at this stage; parties invited to discuss appropriate course.