CA-2024-002563 - [2025] EWCA Civ 932

The Alternative Case (Ground 3)

Ground 3 is the complaint that the judge should have found that the cause of action accrued more than 6 years before the issue of a claim form. That is the NHBC’s alternative case, now encapsulated as option ii) in paragraph 41 above. For the reasons that I have explained, the judge declined to decide that alternative case, as he was entitled to do. Since he did not decide it, it is not appropriate for this court to decide it de novo. For that simple reason, Ground 3 must fail.