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

LEGAL PROCEEDINGS

On 8 June 2020 Toppan wrote to Simply enclosing engrossments of collateral warranties for execution by Simply to the benefit of Abbey.

On 5 August 2020, in the absence of Simply executing the requested warranty notwithstanding requests to do so, Toppan was left with no alternative but to commence Part 8 proceedings to compel specific performance. Simply ultimately conceded and provided the warranty.

Toppan brought an adjudication under the building contract as the novated party in place of the employer. Abbey brought an adjudication under the recently-procured collateral warranty.

Toppan succeeded in establishing defects and recoverable loss for the remedial works (£792,172.00 plus VAT) and associated professional fees (£59,921.35 plus VAT). Abbey succeeded in establishing the same defects and recoverable loss for loss of trading profits (£869,500.00), but that decision has since been declared by the Supreme Court to be without jurisdiction.

In this litigation, Toppan seeks its unrecovered losses in connection with the aborted sale, its abortive legal costs, and further associated loses. Abbey seeks its lost trading profits, abortive legal costs, and overdraft charges.