AVANTAGE (CHESHIRE) LTD AND OTHERS V GB BUILDING SOLUTIONS LTD (IN ADMINISTRATION) AND OTHERS

[2022] EWHC 171 (TCC), Technology and Construction Court, Joanna Smith J, 31 January 2022

Fire damage – Claim in negligence – Application by defendant for reverse summary judgment or to strike out the claim

The claim arose out of a fire which substantially destroyed a supported living facility. The claim was one for some £30 million. The claimant brought a claim against various defendants, all of which were involved in the construction of the facility. The present proceedings concerned the claim in so far as it related to the fifth defendant, WSP UK Ltd, which had been retained by the first defendant as a consultant in relation to fire engineering design for the construction of the facility. The fifth defendant had not executed a collateral warranty in favour of the claimants and so the claim brought against it was one in the tort of negligence.