Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited

Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited

The claims for costs and repayment are not destined to fail as a matter of law; both claims are sufficiently arguable and fact-sensitive to require determination at trial rather than summary dismissal.

Parties
Claimant: Jenni Glover; Claimant: Littleton Glover; Defendant: Fluid Structural Engineers & Technical Designers Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Application for Strike Out or Summary Judgment
Outcome
Application dismissed; claims to proceed to trial.
Legal Topics
Scope of Duty, Damages, Repayment of Fees, Summary Judgment, Strike Out, Professional Services
Professional Negligence Construction Law Contract Law Scope of Duty Damages Repayment of Fees Summary Judgment Strike Out +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Jenni Glover

Claimant

Littleton Glover

Claimant

Fluid Structural Engineers & Technical Designers Limited

Defendant

Procedural Posture

Civil / Application for Strike Out or Summary Judgment

Legal Issues

  1. 1 Whether the losses claimed fall within the scope of duty owed by the structural engineer under contract and tort
  2. 2 Whether legal and investigation costs are recoverable as damages against a structural engineer
  3. 3 Whether repayment of professional fees is available where services were not performed or were worthless

Ratio Decidendi

The claims for costs and repayment are not destined to fail as a matter of law; both claims are sufficiently arguable and fact-sensitive to require determination at trial rather than summary dismissal.

Court Disposition

Application dismissed; claims to proceed to trial.

Orders

  • The application for strike-out or summary judgment is dismissed.
  • The case must go to trial unless resolved at mediation.