John Harris Partnership v Groveworld Ltd 75 Con. L.R. 7;
Citation: P.N.L.R. 697
Nature of case:
John Harris Partnership (“JHP”), a firm of architects, brought a claim against Groveworld for unpaid fees in respect of a housing development. Groveworld counterclaimed for professional negligence on the part of JHP, and this became the substance of the action.
The development of the site required access to a nearby road, Barnet Terrace, which was to be the point of entry and exit to the development. Immediately before the clearance of the site had been due to begin, it was discovered that there was a 7m strip of land between the site and the road which was owned by Barnet Borough Council. On the third day of the trial, JHP admitted that they had been negligent in failing to discover this, but argued that Groveworld had been contributorily negligent, and that in any case their damages should be reduced in light of the fact that their loss could be shared with their joint venture partner, Frogmore Developments.
On the facts, HHJ Anthony Thornton QC ruled that Groveworld’s contributory negligence was not established, and they were entitled to recover as damages: the cost of two s106 agreements with Barnet BC; fees paid to planning consultants in respect of new planning permissions required; and fees paid to another architect in respect of the construction of an additional house on the development.
The judge further ruled that the joint venture agreement was irrelevant, and Groveworld could recover its loss in full. In the alternative, Groveworld would have been able to recover Frogmore’s share of the loss and hold it for them.
