Aldi Stores Limited and WSP Group plc, WSP London Limited and Aspinwall & Company Limited
Citation: EWCA Civ 1260,  BLR 113,  EWHC 55 (TCC), EWHC 55 LAWTEL TCC, BLM Vol. 25 No. 1 CA and 115 Con LR 49 CA
Nature of case:
The Appellant had secured a judgment against its design and build contractor. It did not pursue claims against the Respondent professionals who had given it warranties in respect of their work on the development. Another owner on the site pursued the Respondents and others and those claims were settled at the start of the trial. The Appellant was unable to enforce against the contractor or its insurers and so now brought claims against the Respondents. The action was struck out as an abuse of process by Mr Justice Jackson but has been reinstated on appeal. In doing so the Court of Appeal has given guidance as to the practice to be followed in similar situations occurring in future.