The Law Reports (King's Bench Division)
[2024] KB 827
Court of Appeal
BDW Trading Ltd
v
URS Corporation Ltd
[2023] EWCA Civ 772
2023 April 25, 26, 27; July 3
King, Asplin, Coulson LJJ
Negligence— Duty of care— Structural designer— Claimant employing defendant to provide structural design services for buildings— Buildings having structural design defect but no physical damage— Whether defendant under duty to protect claimant against economic loss caused by structural defect— Whether actionable damage occurring on practical completion
Practice— Claim— Amendments— Claimant applying for permission to amend particulars of claim so as to add claims— Whether judge erring in allowing application without determining points of law raised by defendant
Limitation of action— Period of limitation— Defective premises— Statute amending limitation period for bringing claim in respect of defective premises— Whether new limitation period applying to ongoing claims—
Limitation Act 1980 (c 58), ss 4B, 10
—
Building Safety Act 2022 (c 30), s 135(1)(3)(6)
Tort— Cause of action— Breach of statutory duty— Statutory duty to build dwellings properly— Whether capable of being owed to persons other than lay purchasers of dwelling— Whether capable of being owed to persons owing duty themselves—
Defective Premises Act 1972 (c 35), s 1
Damages— Contribution— Entitlement— Whether right to bring contribution claim conditional on third party bringing claim against contribution claimant—
Civil Liability (Contribution) Act 1978 (c 47), s 1