Co-Operative Group Ltd v Birse Developments Ltd & Ors

Co-Operative Group Ltd v Birse Developments Ltd & Ors

Birse’s causes of action in tort against Jubb and Geofirma accrued at the latest on practical completion, as Birse suffered measurable financial detriment and liability at that point; therefore, the claims are time barred under section 2 of the Limitation Act 1980. The failed assignment of Jubb’s warranty to Co-op without consent did not give rise to a trust, as the deed evidenced only an intention to assign, not to declare a trust.

Parties
Claimant: Co-operative Group Limited; Defendant: Birse Developments Limited (in Liquidation); Third Party: Stuarts Industrial Flooring Limited (In Administration); Fourth Party: Jubb & Partners (a firm); Fifth Party: Geofirma Soils Engineering Limited
Jurisdiction
England and Wales
Judgment Date
28 February 2014
Procedural Posture
Civil / Ruling on Preliminary Issues
Outcome
Claims in tort against Jubb and Geofirma are time barred; failed assignment did not create a trust.
Legal Topics
Limitation of Actions, Assignment of Warranties, Negligence, Collateral Warranties, Trusts Arising From Failed Assignments
Construction Law Contract Law Tort Law Limitation of Actions Assignment of Warranties Negligence Collateral Warranties Trusts Arising From Failed Assignments

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Parties

Co-operative Group Limited

Claimant

Birse Developments Limited (in Liquidation)

Defendant

Stuarts Industrial Flooring Limited (In Administration)

Third Party

Jubb & Partners (a firm)

Fourth Party

Geofirma Soils Engineering Limited

Fifth Party

Procedural Posture

Civil / Ruling on Preliminary Issues

Legal Issues

  1. 1 Whether Birse’s causes of action in tort against Jubb and Geofirma are time barred by section 2 of the Limitation Act 1980
  2. 2 Whether the attempt to assign the benefit of Jubb’s warranty to Co-op without consent gave rise to a trust in favour of Co-op

Ratio Decidendi

Birse’s causes of action in tort against Jubb and Geofirma accrued at the latest on practical completion, as Birse suffered measurable financial detriment and liability at that point; therefore, the claims are time barred under section 2 of the Limitation Act 1980. The failed assignment of Jubb’s warranty to Co-op without consent did not give rise to a trust, as the deed evidenced only an intention to assign, not to declare a trust.

Court Disposition

Claims in tort against Jubb and Geofirma are time barred; failed assignment did not create a trust.

Orders

  • Birse’s causes of action in tort against Jubb and Geofirma are time barred by section 2 of the Limitation Act 1980.
  • The attempt to assign the benefit of Jubb’s warranty to Co-op without consent did not give rise to a trust in favour of Co-op.