Cases - British Airways Pension Trustees Ltd v Sir Robert McAlpine and Sons Ltd and Others

Record details

Name

British Airways Pension Trustees Ltd v Sir Robert McAlpine and Sons Ltd and Others

Date

[1994]

Citation

CA 72 BLR 26

Keywords

Construction - litigation - loss and expenses - diminution in value - allocation of loss - statement of claim - strike out - application for strike out - whether defendant knew the case it had to meet - statement of case at no material unfair disadvantage

Summary

This case concerned the construction of a building by the respondent for the claimant. On completion, the building contained a number of defects that affected the market value of the property. The claimant based its claim on diminution in value, but the respondent sought to have the claim thrown out on the basis that the claimant had failed to allocate its loss against each of the defects.

On the basis that the claim as pleaded did not put the respondent to any material unfair disadvantage, the striking out application was dismissed.