Source: All England Reporter
Publisher Citation: [2013] All ER (D) 313 (May)
Neutral Citation: [2013] EWHC 1191 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Coulson J

Representation Peter Susman QC (instructed by Birkett Long LLP) for the claimant.
  Annelise Day QC and Richard Liddell (instructed by Weightmans LLP) for the defendant.
Judgment Dates: 24 May 2013

Catchwords

Building contract - Breach - Breach of contract - Claimant company seeking to develop land site - Claimant instructing defendant advisory company to make planning permission application - Planning application being made late - Claimant withdrawing application, sacking defendant and making new application with different advisory company - Claimant commencing proceedings for breach of contract and/or negligence - Defendant counterclaiming - Whether, among other things, claim time-barred - Whether counterclaim to be allowed.

The Case

Building contract Breach. The Technology and Construction Court considered a dispute regarding a planning application for waste recycling on a site. The claimant company contended that, as a result of the defendant company's negligence, it was unable to sell the site for the amount which it had sought. The defendant counterclaimed. The court held that, among other things, owing to the conditions of the contract between the parties, the claimant would be time-barred from bringing the claim. The counterclaim would be allowed in part.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.