Vainker & Anor v Marbank Construction Ltd & Ors (Re Para 253) [2024] EWHC 1687 (TCC) (20 May 2024)

Vainker & Anor v Marbank Construction Ltd & Ors (Re Para 253) [2024] EWHC 1687 (TCC) (20 May 2024)

SCd is not prejudiced by Marbank's late contribution claim; both parties had opportunity to adduce evidence on causation and remedial works. Apportionment for brickwork defects is 75% Marbank, 25% SCd; for glass defects, 80% Marbank, 20% SCd, reflecting respective responsibility and just and equitable allocation under the 1978 Act.

Citation
[2024] EWHC 1687 (TCC)
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
20 May 2024
Procedural Posture
Civil / Post Trial Consequential Hearing
Outcome
Permission granted for Marbank to issue and serve Part 20 Contribution Notice against SCd for brickwork defects; apportionment orders made.
Legal Topics
Contribution Claims, Defective Premises Act, Limitation, Net Contribution Clause, Negligence, Remedial Works
Construction Law Contract Law Tort Law Contribution Claims Defective Premises Act Limitation Net Contribution Clause Negligence +1 more

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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 / Post Trial Consequential Hearing

Legal Issues

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

Ratio Decidendi

SCd is not prejudiced by Marbank's late contribution claim; both parties had opportunity to adduce evidence on causation and remedial works. Apportionment for brickwork defects is 75% Marbank, 25% SCd; for glass defects, 80% Marbank, 20% SCd, reflecting respective responsibility and just and equitable allocation under the 1978 Act.

Court Disposition

Permission granted for Marbank to issue and serve Part 20 Contribution Notice against SCd for brickwork defects; apportionment orders made.

Orders

  • Marbank to contribute 25% of cost of brickwork remedial works; SCd to contribute 20% of cost of glass remedial works; reciprocal contribution claims permitted.