URS Corporation Ltd & anr (defendants/appellants) v BDW trading Ltd (claimant/respondent)
Tuesday 25 – Thursday 27 April 2023
By Appellant’s Notice filed on 3/12/21 the Second Defendant appeals against the order made by Fraser J dated 22/10/21 in which he answered certain preliminary issues as to nature and extent of D2’s liaibility in tort to the Claimant (C) in favour of C and dismissed a parallel application by D2 to strike out C’s claim.
The underlying proceedings concern a claim by C against D2 for damages arising from discovery of structural design defects in 2 sets of building developments the long leases of which were sold to residential purchasers and D2’s freehold interest sold to new owners.
The Claimant also appeals the orders made on 13/11/22 and 16/12/22 by Adrian Williamson KC (sitting as Deputy HCJ) whereby he lifted the stay on the proceedings on basis that this would enable C to put before the court its up-to-date case in light of the Building Safety Act; granted permission to C to amend its pleadings in relation to its existing claim in tort and to add new causes of action for damages for breach of statutory duty said to be owed by D under Defective Premises Act 1972 and for a contribution under the Contribution Act 1978.