Standard Life Assurance Ltd v Gleeds (UK) (a firm) & Ors

Standard Life Assurance Ltd v Gleeds (UK) (a firm) & Ors

Extrapolation and sampling in professional negligence claims are permissible in principle, but only to the extent that the samples are representative and the inferences drawn are reasonable. The claimant's pleading is not generally vague, incoherent, or an abuse of process, but specific instances of impermissible extrapolation must be excluded. The claim cannot be struck out or summarily dismissed in its entirety; further sampling and case management are required to ensure proportionality and clarity.

Parties
Claimant: Standard Life Assurance Limited; Defendant: Gleeds (UK); Defendant: Buro Four Project Services Limited; Defendant: Shearer Property Associates Limited; Defendant: Building Design Partnership Limited; Defendant: Carter Jonas LLP; Defendant: Cundall Johnston & Partners LLP
Jurisdiction
England and Wales
Judgment Date
15 December 2020
Procedural Posture
Professional Negligence Claim (construction) / Ruling on Applications to Strike Out And/or Summary Judgment
Outcome
Applications to strike out and for summary judgment dismissed in respect of the entire extrapolated claim; specific impermissible parts identified for exclusion; directions for further sampling and case management to be given.
Legal Topics
Sampling and Extrapolation in Pleadings, Striking Out, Summary Judgment, Case Management, Global Claims, Burden of Proof, Proportionality
Professional Negligence Construction Law Civil Procedure Sampling and Extrapolation in Pleadings Striking Out Summary Judgment Case Management Global Claims +2 more

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Parties

Standard Life Assurance Limited

Claimant

Gleeds (UK)

Defendant

Buro Four Project Services Limited

Defendant

Shearer Property Associates Limited

Defendant

Building Design Partnership Limited

Defendant

Carter Jonas LLP

Defendant

Cundall Johnston & Partners LLP

Defendant

Procedural Posture

Professional Negligence Claim (construction) / Ruling on Applications to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether extrapolation and sampling in professional negligence claims is permissible
  2. 2 Whether the claimant's pleading is vague, incoherent, or an abuse of process
  3. 3 Whether summary judgment or striking out is appropriate for extrapolated parts of the claim

Ratio Decidendi

Extrapolation and sampling in professional negligence claims are permissible in principle, but only to the extent that the samples are representative and the inferences drawn are reasonable. The claimant's pleading is not generally vague, incoherent, or an abuse of process, but specific instances of impermissible extrapolation must be excluded. The claim cannot be struck out or summarily dismissed in its entirety; further sampling and case management are required to ensure proportionality and clarity.

Court Disposition

Applications to strike out and for summary judgment dismissed in respect of the entire extrapolated claim; specific impermissible parts identified for exclusion; directions for further sampling and case management to be given.

Orders

  • Standard Life to undertake further sampling and provide particulars for additional variations and delay notices as nominated by defendants.
  • Standard Life to amend its particulars of claim to reflect further sampling and improved clarity.