STONEWATER LTD V BAM CONSTRUCTION LTD AND STONEWATER LTD V RPS DESIGN LTD

[2020] EWHC 2226 (TCC), Technology and Construction Court, O’Farrell J, 4 August 2020

Whether two separate actions to be tried together – Application for trial of preliminary issue refused because of lack of a substantial benefit

The claimant applied to have two separate actions tried together. The claims arose out of the design and construction of two residential blocks of flats. The claimant was the leasehold owner of the development. The first claim was brought against BAM Construction Ltd, which had taken over the obligations and liabilities of the contractor of the residential blocks under a deed of warranty. The second claim was brought against RPS Design Ltd, which had taken over the obligations and liabilities in respect of the architect for the residential blocks under a separate deed of warranty.