Millharbour Management Ltd & Ors v Weston Homes Ltd & Anor

Millharbour Management Ltd & Ors v Weston Homes Ltd & Anor

The named claimants (Ms Hills and Ms Truchan) have the same interest as the leaseholders they seek to represent in relation to claims for damages for remedial works organised by MML and to be charged through service charges. The threshold for representative proceedings under CPR Part 19.6 is met, and the court exercises its discretion to permit the representative action, limited to claims arising from 7 December 2010 and only for remedial works costs to be charged via service charges.

Parties
Claimant: Millharbour Management Limited; Claimant: Swan Housing Association Limited; Claimant: Jonathan Lamb; Claimant: Elzbieta Urszula Truchan; Claimant: Jan Hills; Defendant: Weston Homes Limited; Defendant: Weston Homes (41 Millharbour) Limited
Jurisdiction
England and Wales
Judgment Date
22 March 2011
Procedural Posture
Civil Representative Action (construction Defects) / Interlocutory Application for Representative Action Order
Outcome
Application granted in part
Legal Topics
Representative Actions, Service Charges, Defective Premises, Limitation of Actions
Civil Procedure Property Law Construction Law Representative Actions Service Charges Defective Premises Limitation of Actions

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Parties

Millharbour Management Limited

Claimant

Swan Housing Association Limited

Claimant

Jonathan Lamb

Claimant

Elzbieta Urszula Truchan

Claimant

Jan Hills

Claimant

Weston Homes Limited

Defendant

Weston Homes (41 Millharbour) Limited

Defendant

Procedural Posture

Civil Representative Action (construction Defects) / Interlocutory Application for Representative Action Order

Legal Issues

  1. 1 Whether the named claimants may act as representatives under CPR Part 19.6 for other leaseholders in claims for remedial works costs to be charged via service charges
  2. 2 Whether the represented class has 'the same interest' as required by CPR Part 19.6
  3. 3 Whether the court should exercise its discretion to permit representative proceedings in the circumstances

Ratio Decidendi

The named claimants (Ms Hills and Ms Truchan) have the same interest as the leaseholders they seek to represent in relation to claims for damages for remedial works organised by MML and to be charged through service charges. The threshold for representative proceedings under CPR Part 19.6 is met, and the court exercises its discretion to permit the representative action, limited to claims arising from 7 December 2010 and only for remedial works costs to be charged via service charges.

Court Disposition

Application granted in part

Orders

  • Ms Hills and Ms Truchan are permitted to act as representative claimants under CPR Part 19.6 for leaseholders not already claimants, limited to claims for damages relating to the cost of remedial works organised by MML and to be charged through service charges, with effect from 7 December 2010.
  • The representative order does not extend to any other financial or legal claims by represented parties against the defendants.