Harrison & Ors v Shepherd Homes Ltd & Ors [2010] EWHC 1398 (TCC) (08 January 2010)

Harrison & Ors v Shepherd Homes Ltd & Ors [2010] EWHC 1398 (TCC) (08 January 2010)

The claims against NHBC under section 3 of the Buildmark policy are arguable and should not be struck out or summarily dismissed at this stage. The exclusion clause's fairness under the 1999 Regulations is an arguable issue unsuitable for summary disposal. Claims for drainage defects are not properly pleaded and do not fall for consideration on this application.

Citation
[2010] EWHC 1398 (TCC)
Parties
Claimant: Mr and Mrs Harrison and Others; First Defendant: Shepherd Homes Limited; Second Defendant: National House Building Schemes (NHBC); Third Defendant: NHBC Building Control Services
Jurisdiction
England and Wales
Judgment Date
08 January 2010
Procedural Posture
Application to Strike Out And/or Summary Judgment / Interlocutory Application Prior to Trial
Outcome
Application dismissed
Legal Topics
Summary Judgment, Strike Out Applications, Insurance Indemnity, Unfair Contract Terms, Consumer Contracts, Construction Defects
Contract Law Insurance Law Construction Law Consumer Protection Summary Judgment Strike Out Applications Insurance Indemnity Unfair Contract Terms +2 more

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Parties

Mr and Mrs Harrison and Others

Claimant

Shepherd Homes Limited

First Defendant

National House Building Schemes (NHBC)

Second Defendant

NHBC Building Control Services

Third Defendant

Procedural Posture

Application to Strike Out And/or Summary Judgment / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 Whether claims against NHBC under section 3 of the Buildmark policy should be struck out or summarily dismissed
  2. 2 Whether section 3 exclusion clause is unfair under the Unfair Terms in Consumer Contracts Regulations 1999
  3. 3 Whether claims under section 3 can proceed where SHL has accepted responsibility under section 2

Ratio Decidendi

The claims against NHBC under section 3 of the Buildmark policy are arguable and should not be struck out or summarily dismissed at this stage. The exclusion clause's fairness under the 1999 Regulations is an arguable issue unsuitable for summary disposal. Claims for drainage defects are not properly pleaded and do not fall for consideration on this application.

Court Disposition

Application dismissed

Orders

  • NHBC's application to strike out or for summary judgment is dismissed.
  • Section 3 claims against NHBC may proceed, subject to further particularisation.