England and Wales Case Law

Eiger Funding (PCC) Limited v Ridge And Partners LLP

Ridge owed Eiger a duty of care in contract and tort to advise with reasonable skill and care on project pricing, cost to completion, and risks. Ridge breached this duty by failing to provide proper analysis, failing to highlight significant risks, and not obtaining informed consent for conflict of interest. Eiger relied on Ridge's report in entering the loan agreement, and suffered recoverable loss as the loan contained a significant undisclosed risk of cost overrun. The quantum of loss is the difference between the advised cost to completion and the market benchmarked figure, assessed at £2…

Source excerpt

• Duty of care
• Breach of duty
• Causation
• Loss quantification
• Conflict of interest
• Construction contracts

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FP Redhill Ltd & Ors v Patel & Ors

FP Redhill Ltd & Ors v Patel & Ors [2026] EWHC 77 (Ch) (19 January 2026)

The High Court found that directors dishonestly extracted commissions and diverted project funds, and that Plan 9, Harminder Singh Soor and Avnish Patel were involved in related wrongdoing.

• Breach of fiduciary duty
• Dishonest assistance
• Unlawful means conspiracy
• Knowing receipt
• Secret commission
• Ponzi scheme

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Providence Building Services Limited v Hexagon Housing Association Limited

The Supreme Court held that clause 8.9.4 of the JCT 2016 form is parasitic on clause 8.9.3, so a contractor could not terminate after a repeated default unless an earlier right had accrued.

• Contractual interpretation
• Termination clauses
• Standard form contracts
• Construction contracts
• Contractual-interpretation
• Construction-contracts

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National House Building Council v Peabody Trust

The Court of Appeal held that NHBC Option 1 did not accrue on insolvency alone. The trigger was when the insured had to pay more to complete the homes.

• Limitation of actions
• Interpretation of insurance policies
• Accrual of cause of action
• Construction contracts
• Insurance-law
• Contract-interpretation

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National House Building Council v Peabody Trust

National House Building Council v Peabody Trust [2025] EWCA Civ 932 (21 July 2025)

Court of Appeal held NHBC's insolvency cover did not accrue on insolvency alone; the trigger was when the insured had to pay more to complete the homes.

• Limitation of actions
• Interpretation of insurance contracts
• Construction contracts
• Summary judgment
• Strike out applications
• Insurance-law

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Dandara South East Ltd v Medway Preservation Ltd & Anor

Dandara South East Ltd v Medway Preservation Ltd & Anor [2025] EWHC 3639 (Ch) (10 July 2025)

The High Court granted summary judgment for the defendants, holding there was no real prospect of showing manifest error in the expert’s determination.

• Expert determination
• Manifest error
• Summary judgment
• Construction contracts
• Condition precedent
• Practical completion

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Dipcon Engineering Services Limited v Urban Development Corporation of Trinidad and Tobago Limited (Trinidad and Tobago)

The Privy Council dismissed Dipcon’s appeal, holding that payment of the additional claim for the construction project depended on UDeCOTT Board approval, which was never obtained.

• Construction contracts
• Price fluctuation clauses
• Board approval requirements
• Course of dealing
• Construction-contracts
• Fidic-claims

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Lloyds Developments Ltd v Accor HotelServices UK Ltd

Lloyds Developments Ltd v Accor HotelServices UK Ltd [2025] EWHC 1238 (TCC) (20 May 2025)

The High Court considered whether ATE insurance could count as security for costs and found the draft policy presently inadequate, but allowed Lloyds time to refine it.

• Security for costs
• Ate insurance
• Litigation funding
• Construction contracts
• Security-for-costs
• Ate-insurance

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Lloyds Developments Limited v Accor HotelServices UK Limited

The court considered whether ATE insurance with an anti-avoidance endorsement could replace payment into court as security for costs, and identified drafting defects in the policy.

• Security for costs
• Ate insurance
• Litigation funding
• Construction contracts
• Security-for-costs
• Ate-insurance

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LAPP Industries Ltd v 1st Formations Limited

The High Court enforced an adjudicator’s award, rejecting arguments that there were multiple contracts or that the adjudicator breached natural justice.

• Adjudication enforcement
• Jurisdictional challenge
• Natural justice
• Summary judgment
• Construction contracts
• Adjudication-enforcement

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