URS Corporation Ltd (Appellant) v BDW Trading Ltd (Respondent)

Case summary

Case ID

UKSC/2023/0110

Parties

Appellant(s)

URS Corporation Ltd

Respondent(s)

BDW Trading Ltd

Issue

This appeal concerns how liability is allocated in circumstances where, as a result of allegedly negligent work undertaken by a consultant (the appellant), a property developer (the respondent) carries out remedial work on properties it no longer owns and in respect of defects for which it cannot be held liable due to the expiry of applicable limitation periods. Specifically, the appeal raises the following questions: 1. In the circumstances set out above, has the respondent suffered actionable and recoverable damage that falls within the duty of care owed to it by the appellant? 2. Do the retrospective extended limitation periods provided for by section 135 of the Building Safety Act 2022 apply (i) in the circumstances set out above, and (ii) to claims brought before section 135 came into force and are the subject of pending proceedings? 3. Does section 1(1)(a) of the Defective Premises Act 1972 apply only to purchasers of properties, or does it also apply to commercial developers? 4. Is the respondent entitled to bring a contribution claim against the appellant under section 1 of the Civil Liability (Contribution) Act 1978 notwithstanding that (i) there has been no judgment or settlement between the respondent and any third party, and (ii) no third party has asserted any claim against the respondent?

Facts

The respondent is a property developer who had engaged the appellant as a structural design consultant in connection with certain residential building developments (namely, the building of 12 tower blocks). In March 2020, the respondent brought a claim in negligence against the appellant in relation to structural design defects it had discovered in the developments. The respondent had discovered the defects after having sold the developments to third parties. It nonetheless performed remedial works to rectify the defects, the cost of which forms the basis of the losses the respondent claims against the appellant. The Court of Appeal found in favour of the respondent in respect of Issues (1)-(4) above. The appellant now appeals to the UK Supreme Court.

Date of issue

22 August 2023

Judgment appealed

Appeal

Justices

Lord Lloyd-Jones

Lord Briggs

Lord Sales

Lord Hamblen

Lord Leggatt

Lord Burrows

Lord Richards

Hearing dates

Full hearing

Start date

2 December 2024

End date

4 December 2024

Half hearing

Start date

5 December 2024

End date

5 December 2024

Watch hearings

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