Willmott Dixon Construction Limited v Prater & Ors

Willmott Dixon Construction Limited v Prater & Ors

The application for a stay is refused because it is more efficient and consistent with case management principles for the additional claim to proceed and be heard with the main claim. Staying the claim would risk the need for a second hearing and possible duplication, and the applicants can limit their participation to relevant issues. The Building Liability Order issues are best addressed at the main trial.

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 (formerly URS Scott Wilson Limited); Defendant: AIS Surveyors Limited (formerly Approved Inspector Services 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
23 May 2024
Procedural Posture
Civil (construction Dispute) / Interlocutory Application for Stay of Additional Claim
Outcome
application for stay refused
Legal Topics
Building Liability Order, Building Safety Act 2022, Stay of Proceedings, Case Management
Construction Law Civil Procedure Building Liability Order Building Safety Act 2022 Stay of Proceedings Case Management

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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 (formerly URS Scott Wilson Limited)

Defendant

AIS Surveyors Limited (formerly Approved Inspector Services 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

Civil (construction Dispute) / Interlocutory Application for Stay of Additional Claim

Legal Issues

  1. 1 Whether the additional claim for a Building Liability Order against the third to sixth parties should be stayed pending judgment in the main claim
  2. 2 Whether it is just and equitable and consistent with case management principles to have the additional claim heard with the main claim

Ratio Decidendi

The application for a stay is refused because it is more efficient and consistent with case management principles for the additional claim to proceed and be heard with the main claim. Staying the claim would risk the need for a second hearing and possible duplication, and the applicants can limit their participation to relevant issues. The Building Liability Order issues are best addressed at the main trial.

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 convened to address procedural matters including disclosure, witness evidence, and participation.