White v Greensand Homes Ltd & Ors

White v Greensand Homes Ltd & Ors

The balance of prejudice falls in favour of BSF; refusal to allow withdrawal would risk unfairness by proceeding on a false basis, while claimants' potential loss of a claim against KWE Designs Limited is speculative and not supported by evidence of value or insurance. BSF should be permitted to amend its defence and withdraw the admission.

Parties
Claimant/respondent: White (for and on behalf of the members of Equity Red star Syndicate No 0218 at Lloyds); First Defendant: Greensand Homes Ltd; Second Defendant/appellant: BSF Consulting Engineers Ltd
Jurisdiction
England and Wales
Judgment Date
28 June 2007
Procedural Posture
Civil Appeal / Appeal From Technology and Construction Court, Application to Amend Defence
Outcome
Appeal allowed
Legal Topics
Withdrawal of Admission, Limitation Periods, Amendment of Pleadings, Pre Action Protocols
Civil Procedure Professional Negligence Withdrawal of Admission Limitation Periods Amendment of Pleadings Pre Action Protocols

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Parties

White (for and on behalf of the members of Equity Red star Syndicate No 0218 at Lloyds)

Claimant/respondent

Greensand Homes Ltd

First Defendant

BSF Consulting Engineers Ltd

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Technology and Construction Court, Application to Amend Defence

Legal Issues

  1. 1 Should BSF Consulting Engineers Ltd be permitted to withdraw an admission that it designed the foundations of the insured property?
  2. 2 What is the impact of limitation periods on the claimants' ability to pursue claims against other parties?
  3. 3 What is the proper approach to balancing prejudice between parties when considering withdrawal of admissions?

Ratio Decidendi

The balance of prejudice falls in favour of BSF; refusal to allow withdrawal would risk unfairness by proceeding on a false basis, while claimants' potential loss of a claim against KWE Designs Limited is speculative and not supported by evidence of value or insurance. BSF should be permitted to amend its defence and withdraw the admission.

Court Disposition

Appeal allowed

Orders

  • BSF Consulting Engineers Ltd granted permission to amend its defence and withdraw the admission regarding foundation design
  • Paragraph 2.5 of the proposed amended defence (asserting strike out for no reasonable cause of action) not permitted