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Reverse summary judgment in negligence claims: the difficulties

Building Law Monthly

Reverse summary judgment in negligence claims: the difficulties

In Avantage (Cheshire) Ltd v GB Building Solutions Ltd (in administration) and Others [2022] EWHC 171 (TCC), the fifth defendants were held not to be entitled to reverse summary judgment on the claimant’s claim, or to strike out the claim, in connection with fire which destroyed a building in respect of which the fifth defendants had been retained as a consultant for the fire engineering design. It could not be said that there was not an arguable case that the fifth defendants owed a duty of care to the claimants in respect of at least certain of the losses which the claimants sought to recover. In this respect the case may be said to highlight the continuing difficulties experienced by defendants in seeking to strike out claims of this nature.

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