12th – 13th October 2021
This appeal is by Building Design Partnership Ltd (D6), against the order of Kerr J (TCC) dated 17/1/21 dismissing applications for strike out or summary judgment.
The central issue was whether C should be permitted to plead a professional negligence claim with a value in excess of 38m pounds against three different professionals by way of sampling and mathematical extrapolation without pleading and details of breach or causation in relation to the majority of the claim.
The underlying claim concerned alleged time and costs over-run in relation to the construction of a mixed-use residential and shopping centre.
The judge did not accepts D’s generalised criticisms of the amended particulars, rejecting the complaint that the pleading was vague and incoherent.
D4 submits that the judge was wrong to refuse to strike out the C’s extrapolated claims relation to variations and to claims relating to loss and expense because there are no or no viable pleaded causes of action in relation to them.
Lower Court Judgment: