Lazari v London & Newcastle (Camden) Ltd [2013] EWHC 97 (TCC)
31 January 2013, Queen’s Bench Division, Technology and Construction Court, Akenhead J
The Technology and Construction Court has set out principles to be applied in making an order for payment into court pursuant to CPR 3.1.
Jonathan Lee (instructed by Charles Russell LLP) for the claimant. Jessica Stephens (instructed by Fladgate LLP) for the defendant.
The defendant was the long leaseholder of a site in London NW1. It engaged consultants and contractors to design and construct a substantial number of luxury flats and social housing at the site. By agreement of September 2010, the defendant agreed to complete the construction of one of the flats and sell it to the claimant on a long lease. The claimant maintained that there was a continuing defect or problem in the form of excessive overheating of her flat. After initially denying liability, the defendant eventually initiated remedial works in or about mid-2012, followed by further work later the same year. The problem was still not resolved
