Renwick & Anor v Simon and Michael Brooke Architects & Ors

Renwick & Anor v Simon and Michael Brooke Architects & Ors

The claimants had sufficient knowledge in 2002 of the material facts about the damage and Attwell's involvement to justify instituting proceedings, rendering most claims statute barred except for allegations relating to negligent advice on remedial works by internal render, which may constitute a separate cause of action if properly pleaded.

Parties
Claimant: James Renwick; Claimant: Vanessa Renwick; Defendant: Simon and Michael Brooke Architects; Defendant: William Attwell and Associates; Defendant: Aquarend Limited
Jurisdiction
England and Wales
Judgment Date
05 May 2011
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted in part; most claims against Attwell dismissed as statute barred, except for claims relating to negligent advice on remedial works by internal render.
Legal Topics
Limitation of Actions, Professional Negligence, Latent Damage, Summary Judgment
Civil Procedure Tort Contract Limitation of Actions Professional Negligence Latent Damage Summary Judgment

Case Brief

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Parties

James Renwick

Claimant

Vanessa Renwick

Claimant

Simon and Michael Brooke Architects

Defendant

William Attwell and Associates

Defendant

Aquarend Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the claim against William Attwell and Associates is statute barred under the Limitation Act 1980
  2. 2 When the limitation period began to run for the purposes of Section 14A of the Limitation Act 1980
  3. 3 Whether the claimants had sufficient knowledge to bring an action within the limitation period

Ratio Decidendi

The claimants had sufficient knowledge in 2002 of the material facts about the damage and Attwell's involvement to justify instituting proceedings, rendering most claims statute barred except for allegations relating to negligent advice on remedial works by internal render, which may constitute a separate cause of action if properly pleaded.

Court Disposition

Summary judgment granted in part; most claims against Attwell dismissed as statute barred, except for claims relating to negligent advice on remedial works by internal render.

Orders

  • Summary judgment for Attwell on all claims except those relating to negligent advice on remedial works by internal render.
  • Claimants may apply to amend their pleadings regarding negligent advice on remedial works.