WILSON AND ANOTHER v HB (SWA) LTD

[2025] EWCA Civ 1360, Court of Appeal Civil Division, Coulson, Popplewell and Phillips LJJ, 29 October 2025

Defective Premises Act 1972, section 1 – Heads of loss – Striking out application

The Court of Appeal has dismissed an appeal from a decision to strike out a number of claims brought by the claimants under section 1 of the Defective Premises Act 1972. The Schedule of Loss prepared by the claimants, without the assistance of a barrister, was found to be overcomplicated, unclear and lacking the basic information necessary to identify and support the disputed heads of loss. The Court of Appeal affirmed that it is impermissible for damages to be claimed in a Schedule of Loss "where the basis of the claim is not explained or even referred to in the statement of claim". The appropriate course of action was held to be to strike out the claims rather than affording to the claimants an opportunity to amend their claims.