Standard Life Assurance Lid v Gleeds (UK) (a firm) & Ors [2022] EWHC 1310 (TCC) (27 May 2022)

Standard Life Assurance Lid v Gleeds (UK) (a firm) & Ors [2022] EWHC 1310 (TCC) (27 May 2022)

The application to strike out or for summary judgment is dismissed because the assessment of recoverable loss in this negligent advice case is fact-sensitive, the claimant's pleaded case is not bound to fail, and the issues require further factual and expert evidence. The claimant is permitted to amend its pleadings to clarify its position on quantum and recoverable loss.

Citation
[2022] EWHC 1310 (TCC)
Parties
Claimant: Standard Life Assurance Limited; First Defendant: Gleeds (UK) (a firm); 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 Negligence (professional Negligence) / Interlocutory Application (strike Out And/or Summary Judgment)
Outcome
Application dismissed
Legal Topics
Strike Out Applications, Summary Judgment, Assessment of Damages, Scope of Duty, Recoverable Loss, Negligent Advice, Valuation of Benefits
Professional Negligence Construction Law Civil Procedure Strike Out Applications Summary Judgment Assessment of Damages Scope of Duty Recoverable Loss +2 more

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Parties

Standard Life Assurance Limited

Claimant

Gleeds (UK) (a firm)

First Defendant

Buro Four Project Services Limited

Second Defendant

Shearer Property Associates Limited

Third Defendant

Procedural Posture

Civil Negligence (professional Negligence) / Interlocutory Application (strike Out And/or Summary Judgment)

Legal Issues

  1. 1 Whether parts of the claim should be struck out or summary judgment granted for disclosing no reasonable grounds or no real prospect of success
  2. 2 Whether the claimant's pleaded approach to damages is legally sustainable, specifically in not giving credit for the value of the completed development

Ratio Decidendi

The application to strike out or for summary judgment is dismissed because the assessment of recoverable loss in this negligent advice case is fact-sensitive, the claimant's pleaded case is not bound to fail, and the issues require further factual and expert evidence. The claimant is permitted to amend its pleadings to clarify its position on quantum and recoverable loss.

Court Disposition

Application dismissed

Orders

  • Claimant to file and serve draft amended particulars of quantum on Part A and Amended Particulars of Claim on Part C by 24 June 2022
  • Defendants to notify consent or objection to amendments by 1 July 2022; if objected, Claimant to apply for permission to amend by 8 July 2022; if not, amendments stand without re-service