London & Quadrant Housing Trust & Anor v WPHV Ltd & Ors [2024] EWHC 1121 (TCC) (17 April 2024)

London & Quadrant Housing Trust & Anor v WPHV Ltd & Ors [2024] EWHC 1121 (TCC) (17 April 2024)

The court held that multiple legal representatives for overlapping defendants are permissible under the Civil Procedure Rules, that early disclosure of tender documentation is not warranted at this stage, that costs of abortive inspections should follow the event and not be awarded immediately, that a Scott Schedule is not appropriate due to the nature and scale of alleged defects, that insurance defendants may instruct separate experts for fire engineering and architecture but must share a quantum expert, and that a forensic accounting expert is appropriate for Building Liability Order issues.

Citation
[2024] EWHC 1121 (TCC)
Parties
Claimant: London & Quadrant Housing Trust; Claimant: Quadrant Construction Services Ltd; Defendant: WPHV Ltd (In Administration); Defendant: Willmott Dixon Holdings Ltd; Defendant: Be Living Group Ltd; Defendant: Walsworth Ltd; Defendant: Hardwicke Investments Ltd; Defendant: Willmott Dixon Ltd; Defendant: Be Living Holdings Ltd; Defendant: Chubb European Group Ltd; Defendant: Chubb European Group SE; Defendant: CNA Insurance Company Ltd; Defendant: Axis Specialty Europe SE; Defendant: Allied World Assurance Company (Europe) DAC; Defendant: MS Amlin Corporate Member Ltd; Defendant: American International Group UK Ltd; Defendant: Endurance Worldwide Insurance Ltd; Defendant: Lloyd's Underwriter Syndicate No. 2786 EVE; Defendant: The Underwriting Members of Lloyd's Syndicate No. 1861 ATL for the 2019 Year of Account; Defendant: Flectat 2 Ltd (formerly Amtrust Corporate Member Ltd) for and on behalf of Syndicate 1206; Defendant: The Underwriting Members of Lloyds Syndicate 4711 subscribing to X0A1FCE17A0S; Defendant: Lloyd's Underwriter Syndicate No. 2003 XLC; Defendant: Liberty Corporate Capital Ltd; Defendant: Markel International Insurance Company Ltd; Defendant: Amtrust Europe Ltd
Jurisdiction
England and Wales
Judgment Date
17 April 2024
Procedural Posture
Civil Construction/insurance Dispute / Case Management Hearing With Interim Applications
Outcome
Interim applications largely refused; some directions given for expert evidence and inspections.
Legal Topics
Legal Representation, Disclosure, Inspection of Property, Expert Evidence, Scott Schedule, Costs, Building Liability Order
Construction Law Insurance Law Civil Procedure Legal Representation Disclosure Inspection of Property Expert Evidence Scott Schedule +2 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 4 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

London & Quadrant Housing Trust

Claimant

Quadrant Construction Services Ltd

Claimant

WPHV Ltd (In Administration)

Defendant

Willmott Dixon Holdings Ltd

Defendant

Be Living Group Ltd

Defendant

Walsworth Ltd

Defendant

Hardwicke Investments Ltd

Defendant

Willmott Dixon Ltd

Defendant

Be Living Holdings Ltd

Defendant

Chubb European Group Ltd

Defendant

Chubb European Group SE

Defendant

CNA Insurance Company Ltd

Defendant

Axis Specialty Europe SE

Defendant

Allied World Assurance Company (Europe) DAC

Defendant

MS Amlin Corporate Member Ltd

Defendant

American International Group UK Ltd

Defendant

Endurance Worldwide Insurance Ltd

Defendant

Lloyd's Underwriter Syndicate No. 2786 EVE

Defendant

The Underwriting Members of Lloyd's Syndicate No. 1861 ATL for the 2019 Year of Account

Defendant

Flectat 2 Ltd (formerly Amtrust Corporate Member Ltd) for and on behalf of Syndicate 1206

Defendant

The Underwriting Members of Lloyds Syndicate 4711 subscribing to X0A1FCE17A0S

Defendant

Lloyd's Underwriter Syndicate No. 2003 XLC

Defendant

Liberty Corporate Capital Ltd

Defendant

Markel International Insurance Company Ltd

Defendant

Amtrust Europe Ltd

Defendant

Procedural Posture

Civil Construction/insurance Dispute / Case Management Hearing With Interim Applications

Legal Issues

  1. 1 Whether multiple legal representatives for overlapping defendants is permissible
  2. 2 Whether early disclosure of tender documentation should be ordered
  3. 3 Allocation of costs for abortive property inspections

Ratio Decidendi

The court held that multiple legal representatives for overlapping defendants are permissible under the Civil Procedure Rules, that early disclosure of tender documentation is not warranted at this stage, that costs of abortive inspections should follow the event and not be awarded immediately, that a Scott Schedule is not appropriate due to the nature and scale of alleged defects, that insurance defendants may instruct separate experts for fire engineering and architecture but must share a quantum expert, and that a forensic accounting expert is appropriate for Building Liability Order issues.

Court Disposition

Interim applications largely refused; some directions given for expert evidence and inspections.

Orders

  • No order requiring regularisation of multiple legal representatives.
  • No order for early disclosure of tender documentation.