New Islington and Hackney Housing Association Ltd v. Pollard Thomas and Edwards Ltd [2000] EWHC Technology 43 (8th December, 2000)

New Islington and Hackney Housing Association Ltd v. Pollard Thomas and Edwards Ltd [2000] EWHC Technology 43 (8th December, 2000)

The cause of action in contract and negligence accrued at the latest at the date of practical completion, when the Association took possession of the buildings with defective sound insulation. PTE were not under a contractual duty to review their design after practical completion. The Association had the requisite knowledge of the relevant damage for limitation purposes by October 1994 (43 Arvon Road) and by February 1996 (other properties), but the claim is statute-barred as the cause of action accrued before 1 May 1992.

Citation
[2000] EWHC Technology 43
Parties
Claimant: New Islington and Hackney Housing Association; Defendant: Pollard Thomas & Edwards
Jurisdiction
England and Wales
Procedural Posture
Civil / Judgment on Limitation Issues
Outcome
claim statute-barred
Legal Topics
Architects' Duties, Limitation Period, Negligence, Breach of Contract, Latent Defects, Economic Loss
Contract Tort Construction Law Architects' Duties Limitation Period Negligence Breach of Contract Latent Defects +1 more

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Parties

New Islington and Hackney Housing Association

Claimant

Pollard Thomas & Edwards

Defendant

Procedural Posture

Civil / Judgment on Limitation Issues

Legal Issues

  1. 1 Did the cause of action in contract accrue before 1 May 1992?
  2. 2 Did the cause of action in negligence accrue before 1 May 1992?
  3. 3 Did the Association acquire knowledge of the relevant damage within the meaning of section 14A of the Limitation Act 1980 before 1 May 1995?

Ratio Decidendi

The cause of action in contract and negligence accrued at the latest at the date of practical completion, when the Association took possession of the buildings with defective sound insulation. PTE were not under a contractual duty to review their design after practical completion. The Association had the requisite knowledge of the relevant damage for limitation purposes by October 1994 (43 Arvon Road) and by February 1996 (other properties), but the claim is statute-barred as the cause of action accrued before 1 May 1992.

Court Disposition

claim statute-barred

Orders

  • Claim dismissed as statute-barred under Limitation Act 1980.