London & Quadrant Housing Trust & Anor v WPHV Ltd (in administration) & Ors

London & Quadrant Housing Trust & Anor v WPHV Ltd (in administration) & Ors

The court held that multiple legal representation for overlapping defendants is permissible, early disclosure of tender documentation is not warranted, inspection costs should follow the event, Scott Schedules are not appropriate, defendants may instruct separate experts in fire engineering and architecture but must...

Source-derived case information.

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: 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
13 November 2024
Procedural Posture
Civil / Interlocutory Directions Hearing
Outcome
applications for regularisation of representation, early disclosure, wasted inspection costs, and Scott Schedule denied; orders made for future inspection costs, expert evidence, and supplementary statements
Legal Topics
Legal Representation, Disclosure, Inspection Costs, Scott Schedule, Expert Evidence, Building Liability Order
Construction Law Insurance Law Civil Procedure Legal Representation Disclosure Inspection Costs Scott Schedule Expert Evidence +1 more

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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

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 / Interlocutory Directions Hearing

Legal Issues

  1. 1 whether multiple legal representation for overlapping defendants is permissible
  2. 2 whether early disclosure of tender documentation should be ordered
  3. 3 allocation of wasted inspection costs

Ratio Decidendi

The court held that multiple legal representation for overlapping defendants is permissible, early disclosure of tender documentation is not warranted, inspection costs should follow the event, Scott Schedules are not appropriate, defendants may instruct separate experts in fire engineering and architecture but must share a quantum expert, and forensic accounting expert evidence is permitted for Building Liability Order issues.

Court Disposition

applications for regularisation of representation, early disclosure, wasted inspection costs, and Scott Schedule denied; orders made for future inspection costs, expert evidence, and supplementary statements

Orders

  • Defendants to bear reasonable costs of future inspection equally, including inspection of higher elevations not requiring rail operator consent.
  • Permission granted for defendants to instruct separate experts in fire engineering and architecture; insurance defendants to share quantum expert.