TCC hands down judgment in (1) Avantage (Cheshire) Limited (2) Cheshire East Borough Council (3) Your housing limited – and – (1) GB Building Solutions Limited (in administration) (2) PRP Architects Holdings Limited (4) Prestoplan Limited (5) WSP UK Limited (6) Mascot Management Limited [2023] EWHC 802

Yesterday, the Technology and Construction Court handed down a judgment in the ongoing litigation in (1) Avantage (Cheshire) Limited (2) Cheshire East Borough Council (3) Your housing limited – and – (1) GB Building Solutions Limited (in administration) (2) PRP Architects Holdings Limited (4) Prestoplan Limited (5) WSP UK Limited (6) Mascot Management Limited [2023] EWHC 802 (TCC). Simon Hale, instructed by Weightmans, acts for WSP UK Limited.

This is a £40m destruction by fire claim, and the Court dealt with applications by three claimants to replace their experts in two disciplines. The claim arises from a fire which appeared to have resulted from ‘hot works’ carried out by roofing contractor (MAC Limited) at Beechmere Retirement Village, destroying almost the entire property. The applications were made in very different circumstances; one over which the claimants had no control, and the other because the claimants were simply unhappy with their expert.

Mrs Justice O’Farrell DBE ultimately imposed conditions requiring production of a range of prior reports, notes and other documents expressing views or evidencing primary facts.

Read full judgment here.