Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd [2023] EWHC 3219 (TCC) (15 December 2023)

Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd [2023] EWHC 3219 (TCC) (15 December 2023)

The court held that the claimants' costs claim is not destined to fail as a matter of law on the scope and nexus of duty and harm, and must go to trial. The question of whether the claimants can recover legal and investigation costs as damages is fact-sensitive and cannot be determined summarily. Similarly, the repayment claim depends on whether services were not provided or were worthless, which is also a matter for trial.

Citation
[2023] EWHC 3219 (TCC)
Parties
Claimants: Jenni Glover & Littleton Glover; Defendant: Fluid Structural Engineers & Technical Designers Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2023
Procedural Posture
Civil (professional Negligence, Construction) / Application for Strike Out or Summary Judgment
Outcome
Application for strike-out or summary judgment dismissed.
Legal Topics
Scope of Duty, Damages for Professional Negligence, Repayment of Fees, Summary Judgment, Strike Out Applications
Professional Negligence Construction Law Contract Law Scope of Duty Damages for Professional Negligence Repayment of Fees Summary Judgment Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Jenni Glover & Littleton Glover

Claimants

Fluid Structural Engineers & Technical Designers Limited

Defendant

Procedural Posture

Civil (professional Negligence, Construction) / Application for Strike Out or Summary Judgment

Legal Issues

  1. 1 Whether the claimants' costs claim falls within the scope of duty owed by the defendant structural engineer under the contract and in tort
  2. 2 Whether the claimants can recover legal and investigation costs as damages for alleged breaches by the defendant
  3. 3 Whether the claimants are entitled to repayment of fees paid to the defendant on the basis that services were not provided or were worthless

Ratio Decidendi

The court held that the claimants' costs claim is not destined to fail as a matter of law on the scope and nexus of duty and harm, and must go to trial. The question of whether the claimants can recover legal and investigation costs as damages is fact-sensitive and cannot be determined summarily. Similarly, the repayment claim depends on whether services were not provided or were worthless, which is also a matter for trial.

Court Disposition

Application for strike-out or summary judgment dismissed.

Orders

  • The claim proceeds to trial on all issues.