B E T W E E N : - v GB BUILDING SOLUTIONS LIMITED (IN ADMINISTRATION)

B E T W E E N : - v GB BUILDING SOLUTIONS LIMITED (IN ADMINISTRATION)

The application for summary judgment is dismissed because the existence of a duty of care by WSP to the Claimants is at least arguable on the pleaded facts and evidence, particularly in light of WSP's knowledge of the PFI arrangement, the nature of its services, and the potential for further relevant disclosure. The issues are factually and legally complex, not suitable for summary determination, and there is a real prospect of the Claimants establishing assumption of responsibility at trial. The strike out application is allowed in part: the allegation at paragraph 123(b)(i) of the Particulars of Claim (inadequate escape route planning) is struck out as it is not causative of the alleged...

Parties
Claimant: Avantage (Cheshire) Limited; Claimant: Cheshire East Borough Council; Claimant: Your Housing Limited; Defendant: GB Building Solutions Limited (in administration); Defendant: PRP Architects Holdings Limited; Defendant: Prestoplan Limited; Defendant: WSP UK Limited; Defendant: Mascot Management Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2022
Procedural Posture
Civil Negligence (construction) / Summary Judgment and Strike Out Application
Outcome
Summary judgment application dismissed; strike out application allowed in part.
Legal Topics
Assumption of Responsibility, Duty of Care, Economic Loss, Physical Damage to Property, Summary Judgment, Strike Out, Professional Services Liability, PFI Arrangements
Tort Law Construction Law Professional Negligence Assumption of Responsibility Duty of Care Economic Loss Physical Damage to Property Summary Judgment +3 more

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Parties

Avantage (Cheshire) Limited

Claimant

Cheshire East Borough Council

Claimant

Your Housing Limited

Claimant

GB Building Solutions Limited (in administration)

Defendant

PRP Architects Holdings Limited

Defendant

Prestoplan Limited

Defendant

WSP UK Limited

Defendant

Mascot Management Limited

Defendant

Procedural Posture

Civil Negligence (construction) / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether WSP owed a duty of care in tort to the Claimants (or any of them) to protect them from economic loss and/or physical damage to property arising from alleged negligent fire strategy advice and services, in the absence of a direct contractual relationship.
  2. 2 Whether the claim against WSP should be summarily dismissed or struck out for lack of real prospect of success.

Ratio Decidendi

The application for summary judgment is dismissed because the existence of a duty of care by WSP to the Claimants is at least arguable on the pleaded facts and evidence, particularly in light of WSP's knowledge of the PFI arrangement, the nature of its services, and the potential for further relevant disclosure. The issues are factually and legally complex, not suitable for summary determination, and there is a real prospect of the Claimants establishing assumption of responsibility at trial. The strike out application is allowed in part: the allegation at paragraph 123(b)(i) of the Particulars of Claim (inadequate escape route planning) is struck out as it is not causative of the alleged...

Court Disposition

Summary judgment application dismissed; strike out application allowed in part.

Orders

  • Application for summary judgment by WSP UK Limited is dismissed.
  • Paragraph 123(b)(i) of the Particulars of Claim is struck out.