8 Jan 2024
The application for leave to appeal is refused because the applicant failed to demonstrate any legal error or exceedance of the tribunal's jurisdiction; the High Court will not disturb the tribunal's factual findings absent such legal error.
2 Jun 2023
The court discounted the joint expert conclusions on causation because the experts failed to analyse the plausible alternative explanation of waterproofing deterioration due to ageing; there was insufficient admissible evidence to establish that defendant's actions caused the leakage or that defendant bore the repair liability. Although the court found the defendant had effectively acquiesced to the 2015 works, the plaintiffs nevertheless failed to prove causation and entitlement to the claimed sums. Accordingly the plaintiffs' claim and the defendant's counterclaim both fail.