The WLR Daily case summaries
[2023] WLR(D) 299
Court of Appeal
BDW Trading Ltd v URS Corporation Ltd
[2023] EWCA Civ 772
2023 April 25, 26, 27; July 5
King, Asplin, Coulson LJJ
Tort— Cause of action— Defective premises— Claimant developer sustaining significant costs in remedying structural defects to buildings designed by defendant where no physical damage to building apparent— Claimant issuing claim in negligence against defendant— Judge limiting scope of defendant’s duty to claimed losses, holding that cause of action in tort accruing no later than practical completion of buildings— Deputy judge granting claimant’s application to amend claim to utilise subsequent extension to limitation period concerning defective premises— Claimant also permitted to bring new defective premises-related claims and claim contribution from defendant— Whether cause of action accruing on practical completion of buildings when defect not causing physical damage— Whether new longer limitation period having retrospective effect— Whether claim by third party required before claim for contribution could be made—
Defective Premises Act 1972 (c 35), s 1
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Civil Liability (Contribution) Act 1978 (c 47), s 1(1)(2)
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Limitation Act 1980 (c 58), ss 4B, 10
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Building Safety Act 2022 (c 30), s 135(1)(3)(6)