Liberty Syndicate Management & Anor v Campagna Ltd & Anor

Liberty Syndicate Management & Anor v Campagna Ltd & Anor

Campagna breached its contractual and tortious duties to Liberty by failing to exercise the reasonable skill and care of a competent technical auditor in relation to several critical defects in the First Developments. Campagna failed to identify or address defects that should have been apparent during inspections, failed to make adequate enquiries regarding construction details, and improperly issued Certificates of Approval for properties with defects that a competent auditor should have discovered. The standard of care required a critical and inquisitive approach, including appropriate site inspections and follow-up on missing or inadequate construction details. Campagna's failures...

Parties
Claimant: Liberty Syndicate Management Limited; Claimant: Liberty Corporate Capital Limited; Defendant: Campagna Ltd; Defendant: Campagna Limited
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Civil (contract and Tort, Construction) / Preliminary Issues Judgment
Outcome
Liability judgment (preliminary issues) – Campagna in breach of duty in multiple respects; quantum and causation reserved.
Legal Topics
Professional Negligence, Standard of Care, Latent Defects Insurance, Technical Auditing, Building Regulations, Breach of Contract
Contract Law Tort Law Construction Law Insurance Law Professional Negligence Standard of Care Latent Defects Insurance Technical Auditing +2 more

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Parties

Liberty Syndicate Management Limited

Claimant

Liberty Corporate Capital Limited

Claimant

Campagna Ltd

Defendant

Campagna Limited

Defendant

Procedural Posture

Civil (contract and Tort, Construction) / Preliminary Issues Judgment

Legal Issues

  1. 1 What was the standard of care required of Campagna as technical auditor under the Premier Guarantee Scheme?
  2. 2 Did Campagna breach its contractual and/or tortious duties in relation to the inspection and approval of properties in the First Developments?
  3. 3 Were the Certificates of Approval issued by Campagna in breach of duty?

Ratio Decidendi

Campagna breached its contractual and tortious duties to Liberty by failing to exercise the reasonable skill and care of a competent technical auditor in relation to several critical defects in the First Developments. Campagna failed to identify or address defects that should have been apparent during inspections, failed to make adequate enquiries regarding construction details, and improperly issued Certificates of Approval for properties with defects that a competent auditor should have discovered. The standard of care required a critical and inquisitive approach, including appropriate site inspections and follow-up on missing or inadequate construction details. Campagna's failures...

Court Disposition

Liability judgment (preliminary issues) – Campagna in breach of duty in multiple respects; quantum and causation reserved.

Orders

  • Declaration that Campagna breached its duty of care in relation to specified defects and properties as set out in the judgment.
  • Directions for further hearing on quantum and causation.