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The TCC refused to grant summary judgment in favour of an insurer in a claim under an insurance policy for defects linked to fire risk, finding there was a real prospect that the insured could show that the risk of fire-related damage was sufficiently serious and imminent to fall within the insurance policy. BackgroundThis was an application by the Defendant insurer (“Allianz”) for summary judgment.The claimant (“Vivid”) is the freehold owner of a block of 82 flats at Collins Place, Hampshire and  the Insured under a Housing Warranty Insurance Policy issued in respect of the development. The insurance policy was issued by Building LifePlans Ltd (“BLP”) acting as the cover-holder under a binding authority granted by the defendant, Allianz.The operative clause of the policy (“Clause 3(a) Operative Clause”) indemnifies the Insured for the cost of repairing, replacing and/or strengthening the premises following and consequent upon a Defect which becomes manifest and is notified during the Period of Insurance, where the Defect causes (i) destruction, (ii) physical damage or (iii) the threat of imminent destruction or physical damage which requires immediate remedial measures for…

Gaynor Chambers (instructed by Spencer West LLP) acted for WLP Trading and Marketing Ltd (“WLP”) in resisting the renewal of a freezing injunction obtained by High Tech Construction Ltd (“HTC”) following an adjudication decision awarding HTC £2.1 million for construction works at a London development.BackgroundThe dispute arose from a construction contract under which HTC carried out substantial groundworks and structural works for a four-storey building comprising 22 flats. Despite completing the works, HTC received only an initial payment of £250,000 from the total contract sum of almost £2.4 million. The owner of WLP (“Dr Essa”) repeatedly promised but failed to make further payments, making a series of excuses. An adjudicator determined that HTC was entitled to the balance of the contract sum as claimed and rejected the jurisdictional challenges and allegations of defects advanced by WLP. HTC subsequently obtained a freezing order to protect its ability to enforce the adjudicator’s decision.Decision (Constable J)Judgment for the Claimant.Risk of dissipation of assets: The Court identified several factors indicating a real risk of dissipation, including:(a) Dr Essa repeatedly…

The court dismissed an application for summary judgment and/or striking out. The claimant reply did not raise any new causes of action and allowed the court to discern the nature of its claim, which had a real prospect of success.BackgroundThe dispute concerned the construction of an anaerobic digestion plant at Court Lodge Farm in Kent. The Respondent (“BioConstruct”) specialised in building renewable energy facilities. In 2018, the Applicant (“GTP”) entered into a subcontract with BioConstruct for the construction of the plant.Once operational, the plant was intended to produce biomethane gas and electricity by processing the agreed Design Feedstock. GTP maintained that under the subcontract, the Design Feedstock was required to include specified quantities of whole plant, rye, silage, cattle manure with straw, maize silage, cattle slurry, wheat, straw, water, fermentation substrate, whey permeate and chicken droppings.The subcontract set out 14 payment milestones. The dispute arose because GTP did not pay Milestones 14, RR1 and RR2. By its Application Notice, GTP sought summary judgment and/or strike-out of most of the claim. It argued that (a) the subcontract was a milestone…