Jurisdiction(s):
United Kingdom

TCC refuses summary judgment/strike-out in SPA defects dispute; scope of defects and effect of collateral warranties arguable (WOL (London) LLP v Croydon Investments Ltd)

Published on: 13 February 2024

Published by a LexisNexis Construction expert

Legal News

Article summary

WOL (London) LLP v Croydon Investments Ltd and others [2024] EWHC 251 (TCC)

What are the practical implications of this case?

Although the dispute turned heavily on its own facts, the decision offers a clear illustration of the courts’ stance on applications for summary judgment and strike-out. The court signalled caution about disposing of claims summarily where the core question is contractual interpretation. Here, the defendant argued that the claimant’s case was barred by provisions in a sale and purchase agreement between the parties. The court rejected that contention, noting it could only have entered judgment for the defendant if the defendant’s construction of the agreement was “beyond any realistic contradiction”. That is a demanding threshold, so parties should reflect carefully on the prospects, risks and expense of pursuing summary judgment or strike-out where the dispute hinges on construing contractual terms...

What was the background?

Croydon Investments Ltd (Croydon) appointed RGB P&C Ltd (RGB) to convert an office complex into residential flats, under a contract based on the JCT Design and Building Contract 2011 (the building contract)...

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