Leicester Wholesale Fruit Market Ltd v Grundy and others
Language: English Series: Construction Industry Law Letter ; (1988) CILL 422-423(2)Publication details: 1988Subject(s): Summary: CA 29 April 1988. Plaintiffs (L) were owners of market buildings erected in 1968 by the seventh defendants Hallams (H). The first defendant G was the architect. Subsequently building defects became apparent. In 1984 a writ was issued against six defendants, not including H. In 1985, before the writ was served on any party it was amended to add H and three other defendants. Towards the end of 1985 the writ was served. At issue was whether or not the limitation period had expired by the time the writ had been amended. H did not apply for the amendment to be disallowed and under the Limitation Act 1980 s35(1) the proceedings against H were deemed to be commenced on the original date of the issue of the writ. In 1986 L issued a statement of claim which alleged that H had failed to warn L of G`s breach of duty in the design of the roof and that they had constructed concrete of poor quality. H followed this with a summons for an order that they cease to be a party under RSC O.15 r6, basing| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS39309 (Browse shelf(Opens below)) | 1 | Available | 15864-1001 |
CA 29 April 1988. Plaintiffs (L) were owners of market buildings erected in 1968 by the seventh defendants Hallams (H). The first defendant G was the architect. Subsequently building defects became apparent. In 1984 a writ was issued against six defendants, not including H. In 1985, before the writ was served on any party it was amended to add H and three other defendants. Towards the end of 1985 the writ was served. At issue was whether or not the limitation period had expired by the time the writ had been amended. H did not apply for the amendment to be disallowed and under the Limitation Act 1980 s35(1) the proceedings against H were deemed to be commenced on the original date of the issue of the writ. In 1986 L issued a statement of claim which alleged that H had failed to warn L of G`s breach of duty in the design of the roof and that they had constructed concrete of poor quality. H followed this with a summons for an order that they cease to be a party under RSC O.15 r6, basing