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One Hyde Park v Laing O’Rourke (TCC, England and Wales): defence struck out under CPR 39.3; claimant still proves case; evidential lessons when defendant absent; collateral warranty claim

Published on: 10 February 2026

Published by a LexisNexis Construction expert
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One Hyde Park Ltd v Laing O’Rourke Construction South Ltd [2026] EWHC 155 (TCC)

What was the background?

The dispute concerned significant and widespread defects at One Hyde Park, a high-end residential development in Knightsbridge (the Property), completed in 2011. The claim stemmed from works carried out under a construction contract between the defendant contractor, Laing O’Rourke Construction South Limited (LOR), and the original developer. On 8 September 2010, LOR provided a collateral warranty to the claimant, One Hyde Park Limited (OHP), assuring LOR’s performance of the main contract. The freehold was later transferred to OHP on 11 June 2014, and OHP continues to manage and oversee the Property for tenants under leasehold arrangements. In November 2014, corrosion was identified in the chilled water pipework, and ensuing investigations uncovered butterfly valve failures, leaking soldered joints, and a defective pantograph cradle for facade cleaning. Extensive joint investigations by experts instructed by both parties to the dispute demonstrated pervasive and very serious corrosion within the chilled water pipework (with some sections reduced by as much as 87% of wall thickness), numerous corroded or failed butterfly valves, and a likely pattern of future soldered joint failures over the next ten years or so...

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