Building Law Monthly
Reverse summary judgment in negligence claims: the difficulties
Avantage (Cheshire) Ltd v GB Building Solutions Ltd (in administration) and Others  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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