MJS Projects (March) Ltd v RPS Consulting Services Ltd [2025] EWHC 831 (TCC) (09 April 2025)

MJS Projects (March) Ltd v RPS Consulting Services Ltd [2025] EWHC 831 (TCC) (09 April 2025)

The Claimant failed to prove on the balance of probabilities that any breach of duty or negligence by the Defendant was an effective cause of the damage to the container yard by December 2017. The evidence established that multiple and significant construction errors, including use of incorrect dowel size, omission and misplacement of dowels, missing mesh, inadequate sub-base and capping, and poor workmanship, were the primary causes of the damage. The Defendant's design, while not perfect, did not fall below the standard of reasonable skill and care required of a competent professional. The claim was pleaded solely on the basis that the Defendant's breach was the cause of the damage, and...

Citation
[2025] EWHC 831 (TCC)
Parties
Claimant: MJS Projects (March) Limited; Defendant: RPS Consulting Services Limited
Jurisdiction
England and Wales
Judgment Date
09 April 2025
Procedural Posture
TCC Trial Judgment / Post Trial, Final Judgment
Outcome
Claim dismissed
Legal Topics
Defective Design, Breach of Contract, Negligence, Causation, Concurrent Liability, Quantum of Damages
Construction Law Professional Negligence Contract Law Defective Design Breach of Contract Negligence Causation Concurrent Liability +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MJS Projects (March) Limited

Claimant

RPS Consulting Services Limited

Defendant

Procedural Posture

TCC Trial Judgment / Post Trial, Final Judgment

Legal Issues

  1. 1 What was the damage to the container yard by December 2017?
  2. 2 Were there construction errors and did they cause or contribute to the damage?
  3. 3 Was the Defendant's design for the slot drains negligent or in breach of contract?

Ratio Decidendi

The Claimant failed to prove on the balance of probabilities that any breach of duty or negligence by the Defendant was an effective cause of the damage to the container yard by December 2017. The evidence established that multiple and significant construction errors, including use of incorrect dowel size, omission and misplacement of dowels, missing mesh, inadequate sub-base and capping, and poor workmanship, were the primary causes of the damage. The Defendant's design, while not perfect, did not fall below the standard of reasonable skill and care required of a competent professional. The claim was pleaded solely on the basis that the Defendant's breach was the cause of the damage, and...

Court Disposition

Claim dismissed

Orders

  • Claim dismissed in its entirety
  • No order as to damages against the Defendant