HT-2022-000352 - [2024] EWHC 1890 (TCC)

These proceedings are part of a much larger set of disputes between the Barratt Homes group of companies (“Barratt”, of which the Claimant is a part) and the AECOM group of companies (of which the Defendants are part).

In 2019, Barratt discovered cracking in the concrete structure of a high rise building in Croydon, known as “Citiscape”. The First Defendant in these proceedings had produced the structural design for Citiscape. In late 2019, Barratt decided to undertake an investigation of the structural design of all of the buildings which it had developed and for which a company within the AECOM group had provided the structural design. Barratt termed that investigation “Project Ashby”.

The result of the Project Ashby investigation is that Barratt alleges that many developments designed by an AECOM company suffer from structural defects. It is further alleged that the defects are similar in nature across the developments. Apart from the two actions with which I am concerned, there are four other associated disputes before this Court. In addition, I am told, there are further disputes in relation to other developments which are at various stages of pre-action correspondence.

The present actions are the only Project Ashby matters that have so far progressed to a CMC. The other sets of proceedings are at various early stages: pleadings have been served in some, but not all, of them.

Apart from the present set of proceedings, all the other cases before the Court have been stayed pending a hearing in one of the actions in an appeal to the Supreme Court.

By a consent order made on 8 May 2024 steps in the proceedings have been agreed. The trial has been listed to begin on 1 July 2026. Pleadings have closed, and the next step in the proceedings is exchange of lists of documents on 17 January 2025.

There have been fruitful discussions between the solicitors concerning the Disclosure Review Document culminating in a letter from the Claimant’s solicitors, Osborne Clarke, on the eve of the CCMC, 11 July 2024.