Alan Perkins (1) Pauline Perkins (2) v Devoran Joinery Company Ltd (1) Kirby and Cove Ltd (2) Kirby Adair Partnership Ltd (3) (Record no. 77418)

MARC details
000 -LEADER
fixed length control field 02528cab a2200181 4500
001 - CONTROL NUMBER
control field ##L134235
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060718n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u134235
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Alan Perkins (1) Pauline Perkins (2) v Devoran Joinery Company Ltd (1) Kirby and Cove Ltd (2) Kirby Adair Partnership Ltd (3)
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 582 QB, 22 March 2006. Appeal by P against a decision that proceedings against D alleging deceit and defects in design was an abuse of process. D supplied windows and doors to P. When D did nothing to remedy joinery defects in two of the windows, P withheld final payment. Further defects later became obvious. D issued proceedings to recover the outstanding payment. At trial, D accepted there had been defective workmanship in relation to one window, and P was awarded damages. On appeal, P sought to raise complaints of defective design in relation to all the windows, but was not allowed to do so because they had not been raised before the trial judge. P now submitted claims based on deceit and defective design, arguing that the window and door casements manufactured by P were too narrow to accommodate the sealed glazed units provided by the glazing subcontractor, and that D had deliberately omitted weatherproofing so the glazed units would fit the windows. "Held": the recorder had concluded that if P were allowed to pursue design defects in respect of one window, it would be absurd not to allow them to canvass the same defects in respect of all the other windows. She had therefore erred in concluding that D's acceptance in respect of that one window precluded P's claim over the remaining windows. She had also erred in finding that P's statement of claim did not disclose a cause of action in deceit; P could not be blamed for not having raised the issue of defective design in the first proceedings when they were not at that stage aware of D's concealment of defects in the windows. To hold that it would be unjust to D to commence a second set of proceedings in those circumstances was unreasonable. The proceedings were not an abuse of process, and the appeal was allowed.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PERKINS AND ANOTHER V DEVORAN JOINERY CO LTD AND OTHERS
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/QB/2006/582.html">https://www.bailii.org/ew/cases/EWHC/QB/2006/582.html</a>
Public note View the item free of charge at www.bailii.org/...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     Virtual Virtual Online 18/07/2006   ONLINE PUBLICATION 134235-1001 06/08/2019 1 06/08/2019 Journal article