HT-2024-LDS-000013 - [2025] EWHC 90 (TCC)

Fecha: 04-Oct-2024

Her Honour Judge Kelly

Her Honour Judge Kelly

This judgment follows the hearing of the following applications:

The Fifth Defendant’s written application to strike out the Claimant’s claim or alternatively for summary judgment against the Claimant dated 9 May 2024;

The Claimant’s written application to re-amend the Amended Particulars of Claim dated 16 August 2024; and

The oral application (or invitations to the court to order of its own motion) made by the First Defendant that the Claimant’s claim should be struck-out and the oral applications (or invitations to the court to order of its own motion) made by the Fourth Defendant that the Claimant’s claim should be struck out or summary judgment given in respect of the Fourth Defendant.

This case concerns the design and execution of building works at 1 Sandford Grove Rd (“the property”). The Claimant alleges that she is the owner of the property. The roles of the various Defendants are asserted by her to be as follows:

The First Defendant is a company specialising in the development of building projects;

The Second Defendant is a director of the First Defendant;

The Third Defendant was the sole director of Vitkoson Limited (t/a Signature Structures). Vitkoson Limited is now insolvent and no claim has been brought against that company. Vitkoson Limited proposed the use of a raft foundation, which was then used at the property;

The Fourth Defendant is the insurer of Vitkoson Limited;

The Fifth Defendant is a construction contractor which undertook building works at the property.

The property is situated on a site which is sloped both at street level and along the length of the site from front to back. There is a masonry retaining wall (“the retaining wall”) which runs roughly along the boundary between the property and three neighbours to the right of the property, which neighbours are all at a lower level to the property. Work commenced at the property in spring 2021. Overnight between 9 and 10 May 2021, the retaining wall suffered a partial collapse. Thereafter, work continued until around 13 June 2022 when the Fifth Defendant asserts it had completed the works it was able to complete and terminated the contract.

Proceedings were issued on 2 November 2023. On 22 January 2024, the Claimant discontinued against the Second Defendant. On 7 June 2024, the Claimant’s claim against the Third Defendant, who was a director of Vitkoson Limited, was struck out. The Claimant claims against the First and Fifth Defendants in respect of breach of contract and/or negligence for loss and damage said to be the cost of demolishing the old building at the property, the cost of building a new property and the cost of rectifying the retaining wall. The Claimant claims against the Fourth Defendant as insurer of the Third Defendant and asserts the Fourth Defendant is thus liable for the Claimant’s losses.