Brenda Vainker & Anor v Marbank Construction Ltd & Ors

Brenda Vainker & Anor v Marbank Construction Ltd & Ors

Permission is granted to Marbank to issue and serve a Part 20 contribution claim against SCd for the brickwork defects. SCd is not prejudiced by this late application as it was always at risk of liability for aesthetic defects and chose not to adduce further evidence. The just and equitable apportionment is 25%...

Source-derived case information.

Parties
Claimant: Brenda Vainker; Claimant: Francois Vainker; Defendant: Marbank Construction Ltd; Defendant: Mercer & Miller (A Firm); Defendant: SCD Architects Ltd
Jurisdiction
England and Wales
Judgment Date
07 October 2024
Procedural Posture
Civil (construction Dispute) / Post Trial Consequential Hearing on Contribution Claims
Outcome
Permission granted for Marbank to issue and serve a Part 20 contribution claim against SCd for brickwork defects; apportionment of liability ordered.
Legal Topics
Contribution Between Tortfeasors, Limitation of Actions, Defective Premises Act, Net Contribution Clauses, Apportionment of Liability
Construction Law Contract Law Tort Law Contribution Between Tortfeasors Limitation of Actions Defective Premises Act Net Contribution Clauses Apportionment of Liability

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Parties

Brenda Vainker

Claimant

Francois Vainker

Claimant

Marbank Construction Ltd

Defendant

Mercer & Miller (A Firm)

Defendant

SCD Architects Ltd

Defendant

Procedural Posture

Civil (construction Dispute) / Post Trial Consequential Hearing on Contribution Claims

Legal Issues

  1. 1 Whether Marbank may issue a Part 20 contribution claim against SCd for brickwork defects at this stage
  2. 2 Whether SCd would be prejudiced by late permission for a contribution claim
  3. 3 Appropriate apportionment of liability between Marbank and SCd for brickwork and glass defects

Ratio Decidendi

Permission is granted to Marbank to issue and serve a Part 20 contribution claim against SCd for the brickwork defects. SCd is not prejudiced by this late application as it was always at risk of liability for aesthetic defects and chose not to adduce further evidence. The just and equitable apportionment is 25% SCd/75% Marbank for brickwork and 20% SCd/80% Marbank for glass defects.

Court Disposition

Permission granted for Marbank to issue and serve a Part 20 contribution claim against SCd for brickwork defects; apportionment of liability ordered.

Orders

  • Marbank to make a contribution of 25% of the cost of brickwork remedial works to SCd.
  • SCd to make a contribution of 20% of the cost of glass remedial works to Marbank.