HT-2022-000417 - [2025] EWHC 1691 (TCC)

Fecha: 04-Jul-2025

INTRODUCTION

INTRODUCTION

These are claims arising out of the performance of professional services and construction operations in respect of the design and construction of Aarandale Manor Care Home in Mill Hill, London NW7 1ND ("Care Home"). The First Claimant ("Toppan") is the freeholder. The Second Claimant ("Abbey") is the leaseholder which operates the Care Home.

The Defendant (“Simply”) designed and constructed the Care Home.

Toppan is, by novation, a party to the building contract with Simply. Abbey and Toppan are the beneficiaries of collateral warranties from Simply.

There are defects in the design and construction of the Care Home, in particular as to fire resistance, fire protection, fire stopping, and fire doors. Simply failed to carry out the works in compliance with the contract documents and statutory requirements. Further and in any event, Simply was contractually negligent. Simply is in breach of the building contract and the Toppan collateral warranty.

By reasons of Simply’s breaches of duty it is alleged that:

(1)

The Care Home did not meet the functional requirements of the Building Regulations 2010 and Building Act 1984.

(2)

There was a material, present, and imminent risk to the health and safety of residents.

(3)

As the Defendant suggests: “Abbey and Toppan needed to remedy the defects.” (As at para 5 of the Amended Particulars of Claim.)

(4)

Toppan incurred remedial costs and associated professional fees. Toppan also maintains that it lost the sale of the Care Home after a valuable offer and has not since received any offer at, or close to, the prior offer. Toppan also incurred abortive legal costs, associated losses, and/or finance charges.

(5)

Abbey maintains that it sustained loss of trading profits, abortive legal costs, and finance charges.