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Alleged lack of particularity and lack of expert evidence

Building Law Monthly

Alleged lack of particularity and lack of expert evidence

In Crest Nicholson Operations Ltd v Grafik Architects Ltd and NHBC Building Control Services Ltd [2021] EWHC 2948 (TCC) Her Honour Judge Sarah Watson declined to strike out a claim pursuant to Civil Procedure Rule 3.4(2) on the basis that it disclosed no reasonable grounds for bringing the claim and/or because it was an abuse of process. In so far as the second defendant’s complaint was one of lack of particularity, the particulars of claim were held clearly to disclose a cause of action and reasonable grounds for bringing the claim and any deficiency could be made good by a Pt 18 request for further information. In relation to the claim that the allegation of professional negligence was unsupported by expert evidence, it was held to be clear that the claimants had obtained expert evidence and intended to serve that evidence. This being the case, it was not appropriate to strike out the claimants’ application on the ground that it was unsupported by expert evidence.

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