Whessoe Oil and Gas & Cleveland Bridge UK Limited v Dale
Whessoe Oil and Gas & Cleveland Bridge UK Limited v Dale [2012] EWHC 1788 (TCC) - 29/06/12
The Defendant sought to strike out the First Claimant's Particulars of Claim and seek summary judgement against the First Claimant on the basis that they disclosed no reasonable grounds for bringing the claim or otherwise, as amounting to an abuse of the Court's process.
The Claimant issued proceedings against its managing director, who was the construction project manager on an unsuccessful project. The Claimant claimed that the Defendant had breached his statutory duties as a director and his contract in respect of management of the project. Following exchange of expert reports into project management, the Defendant argued the claim should be struck out because the expert's report was insufficient to support a case of breach of duty.
The Court considered Pantelli Associates v Corporate City Developments [2010 EWHC 3189 (TCC)]where it had been held that an expert's report was necessary to plead professional negligence. In this case the Court held that the expert report was not a necessary preliminary as the Defendant's obligations were as employee and director and differed from the question of an assumption of responsibility by an independent contractor considered in Pantelli, even though both involved the issue of reasonable skill and care.
The Judge therefore adjourned the Defendant's striking out application on terms that the Claimants must provide full particulars of the breaches of duty relied upon, of the losses claimed and of causation of such losses, such particulars to include all material facts upon which the Claimants rely.
[edit] External references
- Read the full decision.
- Pantelli Associates v Corporate City Developments [2010 EWHC 3189 (TCC).]
Featured articles and news
Competence framework for sustainability
In the built environment launched by CIC and the Edge.
Institute of Roofing members welcomed into CIOB
IoR members transition to CIOB membership based on individual expertise and qualifications.
Join the Building Safety Linkedin group to stay up-to-date and join the debate.
Government responds to the final Grenfell Inquiry report
A with a brief summary with reactions to their response.
A brief description and background to this new February law.
Everything you need to know about building conservation and the historic environment.
NFCC publishes Industry White Paper on Remediation
Calling for a coordinated approach and cross-departmental Construction Skills Strategy to manage workforce development.
'who blames whom and for what, and there are three reasons for doing that: legal , cultural and moral"
How the Home Energy Model will be different from SAP
Comparing different building energy models.
Mapping approaches for standardisation.
UK Construction contract spending up at the start of 2025
New construction orders increase by 69 percent on December.
Preparing for the future: how specifiers can lead the way
As the construction industry prepares for the updated home and building efficiency standards.
Embodied Carbon in the Built Environment
A practical guide for built environment professionals.
Updating the minimum energy efficiency standards
Background and key points to the current consultation.
Heritage building skills and live-site training.
Shortage of high-quality data threatening the AI boom
And other fundamental issues highlighted by the Open Data Institute.
Data centres top the list of growth opportunities
In robust, yet heterogenous world BACS market.
Increased funding for BSR announced
Within plans for next generation of new towns.