HT-2022-000311 & HT-2022-000254 - [2024] EWHC 3179 (TCC)
Fecha: 11-Dic-2024
The parties
The parties
This case concerns defects in and damage to a block of flats known as St Andrews House, 381 Southwark Park Road, London SE16.
The first claimant, 381 Southwark Park Road RTM Company Limited (“RTM”) is a residents’ right to manage company, incorporated on 7 August 2018.
The second to eleventh claimants are leasehold owners of flats at the Property and participating leaseholders in RTM :
Sophia Smith: Flat 1
Armand Sablon: Flat 5
Pizarras Y Baldosas SA: Flat 6
Laurie Mackie: Flat 7
Charles Fry and Edward Fry: Flat 8
Gloria Chan: Flat 9
Properties (Residential 2) Limited: Flat 10
Salim and Rozmin Lalani: Flat 11
Kamala Buchholz: Flat 12
Luke Price: Flat 13
All of these leaseholders gave evidence apart from Charles Fry and Rozmin Lalani. Salim Lalani’s evidence was admitted as hearsay. Two further witnesses, Noel Lagrenee and Ian Bacon, gave evidence on behalf of the 4th and 8th claimants respectively.
The first defendant (“Click St Andrews”) is a special purpose vehicle which, at the time of the relevant events and the trial, owned the freehold and head lease of the Property and is a wholly owned subsidiary of the second defendant (“Click Group Holdings”).
- Heading
- The parties
- The claimants’ case in summary
- Procedural matters and representation
- Amended Particulars of Claim
- The Agreement for Sale
- The purported rescission of the FPA and RTM’s claim
- The no loss defence
- The position of the leaseholders and the leaseholders’ claims
- The leases
- Insurance
- Breach of statutory duty
- Negligence
- Nuisance
- The rainwater ingress
- Breaches
- Click St Andrews’ position
- Discussion
- Other defects and expert evidence
- The Rivett reports
- Mr Ferguson
- Miscellaneous defects
- Mr Ebbatson
- Remedial works
- Quantum
- Flat 1
- Flat 5
- Flat 6
- Flat 7
- Flat 8
- Flat 9
- Flat 10
- Flat 11
- Flat 12
- Flat 13
- Mitigation
- Conclusions