Jurisdiction(s):
United Kingdom

Firdous v Ecclesall Design: TCC strikes out and grants summary judgment over inadequately pleaded construction negligence claim and Pre-Action Protocol breaches (England and Wales)

Published on: 13 February 2025

Published by a LexisNexis Construction expert

Legal News

Article summary

Firdous v Ecclesall Design Ltd and others [2025] EWHC 90 (TCC)

What was the background?

The claimant alleged that several defendants — including a construction contractor (Fifth Defendant), a development company (First Defendant), and an insurer (Fourth Defendant) — were responsible for losses after a retaining wall failed during building works at a residential property said to be owned by the claimant
The Amended Particulars of Claim were criticised for lacking precision, not clearly setting out the case against each defendant, and failing to properly connect the alleged breaches with the losses claimed
The defendants complained about uncertainty, insufficient particularisation, and breaches of procedural requirements, including non‑compliance with the Pre‑Action Protocol for Construction & Engineering Disputes
The claimant sought permission to re‑amend the Particulars of Claim; the First, Fourth and Fifth Defendants applied for strike‑out and/or summary judgment against the claimant

What did the court decide?

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