EWHC 166 (TCC), [2009] TCLR 5 TCC

Citation: EWHC 166 (TCC), [2009] TCLR 5 TCC

Nature of case:
In a case arising from the Bath Spa project, the claimant contractor claimed the net sum due on its final account, while the employer counterclaimed for delay and inadequate remedial works. The employer issued third party proceedings against its architect. The contractor applied for a trial of preliminary issues as to repudiation and the employer applied for leave to call a second architect expert witness on the ground that its first expert had already taken a view on the problems encountered in relation to the contractor and could not take a view on the architect’s role. Both applications were refused. A court should normally order a trial of preliminary issues by consent and not impose them on an unwilling defendant. The employer had chosen to bring the case against the architect and should prove it by reference to its expert.

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Fionnuala McCredie KC

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