ForumNews Rush to Court Proves Costly for Restaurateurs
Supporting the local building industry
Rushing into litigation with insufficient preparation and without taking advice can have unfortunate consequences. This fact was demonstrated when the owners of a restaurant, who claimed that their business had been blighted by, amongst other things, a leaking pipe, had their hope for compensation dashed by the High Court.
The Chamber of Commerce has joined forces with Constructing Excellence in Hertfordshire to bring a varied series of informative events to the building and construction industry in the county.
The Herts & Beds Constructing Excellence Club holds regular events and awards focused on best practice in design, project management and maintenance of building projects. There is a natural link between this club and the Chamber’s Property & Construction Network, which is also planning a series of networking and information events for the industry.
in Watford about Building Information Modelling, hosted by the Chamber of Commerce and University of Hertfordshire’s National Centre for Project Management (NCPM).
Both organisations have now put together a combined programme of activity which will benefit Hertfordshire’s construction industry with a wide choice of venues and subjects over the next 12 months and beyond. Chamber of Commerce members will benefit from a discounted rate to attend Herts & Beds Constructing Excellence events and Herts & Beds Constructing Excellence members will be given a discount to attend Chamber of Commerce Property & Construction events.
For more details, visit hertsandbeds.constructingexcellence.org.uk.
The first joint event was on Friday 28th March, with a tour of the University of Hertfordshire’s £150m student accommodation project and introduction to the Campus Development Programme. This is followed by a seminar on 10th April at the Building Research Establishment
Constructing Excellence is the single organisation charged with driving change in the UK construction industry. Members and nonmembers are welcome to all events.
Constructing Excellence is the single organisation charged with driving change in the UK construction industry. Members and nonmembers are welcome to all events.
The owners of the restaurant argued that the dripping pipe had caused water ingress. They also claimed that their business had been damaged by works carried out on the footpaths and highway outside the restaurant and by the planting of trees which were said to have obscured the premises from passing trade. The Court found that the proceedings showed ‘every sign of having been prepared hastily’, without sufficient thought, and noted that more than one of the organisations claimed against had been misidentified. The original particulars of claim were ‘short and inadequate’, necessitating a number of attempts to improve on them by amendment. The Court found that the owners’ claim against a property management company stood no reasonable prospect of success and had been struck out at an early stage. Even following substantial amendment, their claims against the local authority in respect of the leaking pipe, tree planting and other matters were not supportable in law or in fact and were dismissed. The owners’ claim against a construction company that had carried out excavation works in the restaurant’s vicinity also did not disclose an ‘arguable cause of action’. Legal proceedings must be considered carefully and prepared with great care. The contents of this article are intended for general information purposes only and do not constitute legal advice. For advice on litigation matters please contact our specialist solicitor Jenny Howe on 020 8370 2890 or by email at jennyhowe@vanderpumps.co.uk. For advice on other areas of law please call us on 020 8367 3999 or visit our website at www.vanderpumpandsykes.co.uk.
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