Standard Life Assurance Ltd v Gleeds (UK) (a firm) & Ors [2020] EWHC 3419 (TCC) (15 December 2020)

Standard Life Assurance Ltd v Gleeds (UK) (a firm) & Ors [2020] EWHC 3419 (TCC) (15 December 2020)

Extrapolation from representative sampling is permissible in principle for professional negligence claims in construction, subject to proof at trial and rebuttal evidence. The claim is sufficiently particularised to inform the defendants of the case they must meet. The applications to strike out or for summary...

Source-derived case information.

Citation
[2020] EWHC 3419 (TCC)
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) / Interlocutory Application for Strike Out / Summary Judgment
Outcome
Applications to strike out and for summary judgment refused.
Legal Topics
Sampling and Extrapolation in Quantum, Pleading Requirements, Summary Judgment, Strike Out, Global Claims, Causation, Burden of Proof
Professional Negligence Construction Law Civil Procedure Sampling and Extrapolation in Quantum Pleading Requirements Summary Judgment Strike Out 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) / Interlocutory Application for Strike Out / Summary Judgment

Legal Issues

  1. 1 Whether extrapolation from sample variations is permissible to plead and prove professional negligence and quantum
  2. 2 Whether the claim is sufficiently particularised to inform defendants of the case they must meet
  3. 3 Whether the claim or part is liable to be struck out or summary judgment granted

Ratio Decidendi

Extrapolation from representative sampling is permissible in principle for professional negligence claims in construction, subject to proof at trial and rebuttal evidence. The claim is sufficiently particularised to inform the defendants of the case they must meet. The applications to strike out or for summary judgment are refused; the extrapolated part of the claim may proceed to trial.

Court Disposition

Applications to strike out and for summary judgment refused.

Orders

  • Extrapolated part of the claim may proceed to trial.
  • Alternative claim for £12.9 million may proceed to trial.