Lancastle v Curo Group (Albion) Limited

Lancastle v Curo Group (Albion) Limited

Although the tenants breached the Protocol by instructing experts prematurely, failing to provide expert fee information, and not engaging with the landlord's response or providing the landlord's report to their experts, these breaches did not justify striking out the claims or debarring expert evidence. The appropriate sanction is to preclude the tenants from recovering the costs of their expert evidence and require them to bear the costs of any Part 35 questions arising from the landlord's response.

Parties
Claimant: Miss Lancastle; Claimant: Mr. Bailey; Claimant: Miss Bennet; Defendant: Curo Group (Albion) Limited; Defendant: Curo Places Limited
Jurisdiction
England and Wales
Judgment Date
08 April 2025
Procedural Posture
Civil (housing Disrepair) / Interlocutory Applications for Strike Out, Summary Judgment, and Directions on Expert Evidence
Outcome
Applications to strike out and for summary judgment dismissed; applications to debar expert evidence refused; costs sanctions imposed for Protocol breaches.
Legal Topics
Pre Action Protocol Compliance, Expert Evidence (cpr 35), Housing Disrepair Claims, Case Management Sanctions, Specific Performance, Damages for Disrepair
Civil Procedure Landlord and Tenant Housing Law Pre Action Protocol Compliance Expert Evidence (cpr 35) Housing Disrepair Claims Case Management Sanctions Specific Performance +1 more

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Parties

Miss Lancastle

Claimant

Mr. Bailey

Claimant

Miss Bennet

Claimant

Curo Group (Albion) Limited

Defendant

Curo Places Limited

Defendant

Procedural Posture

Civil (housing Disrepair) / Interlocutory Applications for Strike Out, Summary Judgment, and Directions on Expert Evidence

Legal Issues

  1. 1 Whether tenants breached the Pre-Action Protocol by instructing experts prematurely and failing to engage with landlord's response
  2. 2 Whether such breaches justify striking out the claim or debarring expert evidence
  3. 3 Appropriate procedure for appointment and instruction of experts in housing disrepair claims

Ratio Decidendi

Although the tenants breached the Protocol by instructing experts prematurely, failing to provide expert fee information, and not engaging with the landlord's response or providing the landlord's report to their experts, these breaches did not justify striking out the claims or debarring expert evidence. The appropriate sanction is to preclude the tenants from recovering the costs of their expert evidence and require them to bear the costs of any Part 35 questions arising from the landlord's response.

Court Disposition

Applications to strike out and for summary judgment dismissed; applications to debar expert evidence refused; costs sanctions imposed for Protocol breaches.

Orders

  • Claimants precluded from recovering costs of their expert evidence, regardless of outcome.
  • Claimants to bear costs of any Part 35 questions and responses arising from landlord's letters of response.