Damages under section 1 of the Defective Premises Act 1972

The Court of Appeal in Wilson v HB (SWA) Ltd [2025] EWCA Civ 1360 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 over-complicated, 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 a strike out of the claims rather than affording the claimants an opportunity to amend them.