Millharbour Management Ltd and others v Weston Homes Ltd and another company, [2011] EWHC 661 (TCC), [2011] All ER (D) 308 (Mar)
Queen’s Bench Division, Technology and Construction Court Akenhead J, 22 Mar 2011
The Technology and Construction Court has given guidance as to the circumstances in which a party can effectively secure that it acts as a representative on behalf of other persons who are not parties to the proceedings, under CPR 19.6 (1).
Anthony Speaight QC (instructed by Cubism Law) for the claimants. David Friedman QC and James Leabeater (instructed by MacFarlanes) for the defendants.
The first claimant was the management company for a property. Eighty eight of the flats were social housing, sold on a 999 year lease to the second claimant housing association, which sub-let them to tenants. The remainder were sold to individual tenants. In 2010, the first and second claimants, together with 42 private leaseholders, issued proceedings against the defendants for alleged breaches of the Defective Premises Act 1972 in relation to the construction of the development, and against the second defendant for breach of contacts in supplying the services.
