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
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.