ORCHARD PLAZA MANAGEMENT CO LTD v BALFOUR BEATTY REGIONAL CONSTRUCTION LTD

[2022] EWHC 1490 (TCC), Technology and Construction Court, Morris J, 16 June 2022

Assignment – Whether loss too remote a consequence of the breach of contract

The claimant sought to recover from the defendant the cost of remedial works which it had carried out in connection with the development of an office block into residential apartments and two commercial units. The claim was brought by the claimant in its capacity as assignee of a collateral warranty given by the defendant. In the present proceedings, the claimant sought to strike out the paragraphs in the defence in which the defendant pleaded that the losses claimed by the claimant were too remote to be recoverable under the collateral warranty.