Christine Bangs v FM Conway Limited [2024] EWCA Civ 1461 - Andrew Ratomski, Temple Garden Chambers
16/12/24. Date of judgment: 6 November 2024
This appeal was unusual because it is a rare example of the Court of Appeal intervening to reverse a decision to set aside the strike out of the claim.
Jacobs J had set aside a strike out on account of the Particulars of Claim not being served in time and also made an order extending time for service. The judge had relied on an admission allegedly made by the Defendant, FM Conway, but since withdrawn and a combination of other factors that he held demonstrated the Claimant’s case was “very strong”. The Court of Appeal disagreed.
Facts
Ms Bangs, the Claimant and Respondent to the appeal, brought a claim alleging that street works undertaken on behalf of Westminster City Council had caused severe vibration, noise and disturbance and had damaged underground watertight vaults below her property including the formation of cracking.
Procedural history
Loss adjusters appointed by Westminster’s contractors, FM Conway, appeared to concede breach of duty in early correspondence when the claim was estimated to be around £30,000 but this was later revised to around £200,000. The loss adjustors then raised issues with the lack of evidence supporting the claim and withdrew the admission. It was accepted that FM Conway was entitled to...
Image cc flickr.com/photos/oatsy40/7816182682/