Willmott Dixon Construction Ltd v Prater & Ors [2024] EWHC 1190 (TCC) (21 March 2024)

Willmott Dixon Construction Ltd v Prater & Ors [2024] EWHC 1190 (TCC) (21 March 2024)

The stay was refused because hearing the additional claim with the main claim ensures all relevant issues and findings are determined efficiently, avoids the risk of incomplete findings, and allows associated parties to participate as needed. The applicants' concerns about costs and participation can be managed through case management and costs orders.

Citation
[2024] EWHC 1190 (TCC)
Parties
Claimant: Willmott Dixon Construction Limited; Defendant: Prater & Ors; Defendant: Lindner Exteriors Holding Limited; Defendant: Sheppard Robson Limited; Defendant: AECOM Infrastructure and Environment UK Limited; Defendant: AIS Surveyors Limited; Third Party: Lindner Prater Limited; Fourth Party: Lindner Building Envelope GmbH; Fifth Party: Lindner Fassaden GmbH; Sixth Party: Lindner Group KG
Jurisdiction
England and Wales
Judgment Date
21 March 2024
Procedural Posture
Application for Stay of Additional Claim / Interlocutory Application
Outcome
Application for stay refused
Legal Topics
Building Liability Order, Stay of Proceedings, Contribution Claims, Case Management
Construction Law Building Safety Civil Procedure Building Liability Order Stay of Proceedings Contribution Claims Case Management

Case Brief

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Parties

Willmott Dixon Construction Limited

Claimant

Prater & Ors

Defendant

Lindner Exteriors Holding Limited

Defendant

Sheppard Robson Limited

Defendant

AECOM Infrastructure and Environment UK Limited

Defendant

AIS Surveyors Limited

Defendant

Lindner Prater Limited

Third Party

Lindner Building Envelope GmbH

Fourth Party

Lindner Fassaden GmbH

Fifth Party

Lindner Group KG

Sixth Party

Procedural Posture

Application for Stay of Additional Claim / Interlocutory Application

Legal Issues

  1. 1 Whether to grant a stay of the additional claim for a Building Liability Order under section 130 of the Building Safety Act 2022
  2. 2 Whether the additional claim should be heard together with the main claim or stayed until after judgment in the main claim

Ratio Decidendi

The stay was refused because hearing the additional claim with the main claim ensures all relevant issues and findings are determined efficiently, avoids the risk of incomplete findings, and allows associated parties to participate as needed. The applicants' concerns about costs and participation can be managed through case management and costs orders.

Court Disposition

Application for stay refused

Orders

  • The additional claim will proceed and be heard with the main claim.
  • A case management conference will be scheduled to address procedural issues.