Sportcity 4 Management Ltd & Ors v Countryside Properties (UK) Ltd

Sportcity 4 Management Ltd & Ors v Countryside Properties (UK) Ltd

The Defendant is not liable under the Leases as Landlord or agent; the claim under the Defective Premises Act 1972 is statute-barred as pleaded; the tort claim is for pure economic loss and is not maintainable.

Source-derived case information.

Parties
Claimant: Sportcity 4 Management Limited; Claimant: Sportcity 2AB Management Limited; Claimant: Sportcity 2C Management Limited; Defendant: Countryside Properties (UK) Limited
Jurisdiction
England and Wales
Judgment Date
17 June 2020
Procedural Posture
Civil Construction/property / Summary Judgment/strike Out Application
Outcome
Summary judgment for Defendant; tort claim struck out
Legal Topics
Summary Judgment, Limitation of Actions, Defective Premises Act 1972, Lease Interpretation, Agency Liability, Economic Loss in Tort
Construction Law Landlord and Tenant Tort Law Summary Judgment Limitation of Actions Defective Premises Act 1972 Lease Interpretation Agency Liability +1 more

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Parties

Sportcity 4 Management Limited

Claimant

Sportcity 2AB Management Limited

Claimant

Sportcity 2C Management Limited

Claimant

Countryside Properties (UK) Limited

Defendant

Procedural Posture

Civil Construction/property / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the Defendant is liable under the Leases as Landlord or agent
  2. 2 Whether the claim under the Defective Premises Act 1972 is statute-barred
  3. 3 Whether the tort claim for economic loss is maintainable

Ratio Decidendi

The Defendant is not liable under the Leases as Landlord or agent; the claim under the Defective Premises Act 1972 is statute-barred as pleaded; the tort claim is for pure economic loss and is not maintainable.

Court Disposition

Summary judgment for Defendant; tort claim struck out

Orders

  • Summary judgment granted for Defendant on Lease and 1972 Act claims
  • Tort claim struck out for disclosing no reasonable grounds