CREST NICHOLSON OPERATIONS LTD AND ANOTHER v GRAFIK ARCHITECTS LTD AND ANOTHER

[2021] EWHC 2948 (TCC), Technology and Construction Court, Her Honour Judge Sarah Watson, 10 November 2021

Striking out application – Lack of particularity – Lack of expert evidence

The claimants were the developers of a residential apartment building. The second defendant was engaged by the claimants to carry out the services of an Approved Inspector for the development. The claimants alleged that there were a number of defects in the development (including the use of non-compliant insulation and combustible cladding) which led to the claimants bringing the present proceedings. The second defendant sought to strike out the claim against it on the basis that the claimants’ Particulars of Claim did not sufficiently particularise the alleged breaches of duty to enable it to understand the case which it had to meet and that the claim was not supported by expert evidence. Judge Watson held that the second defendant was not entitled to strike out the claim which had been brought against it.