000			01497cab a2200181 4500
001			ABS39483
008			090401t1988 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u17082
041			_aeng
245			_aLowfield Distribution Ltd v Modern Engineering (Bristol) Ltd; and Barnsley MBC
260			_c1988
350			_a0
490			_aConstruction Industry Law Letter _v(1988) CILL 482-429(2)
520			_aORC 19 May 1988 Action by warehouse men Lowfield (L) claiming damages for negligence in respect of the collapse in 1981 of the roof of their building. It had been built in 1969 and extended in 1974. Modern Engineering (M), the first defendants, were responsible for the steel work and Barnsley MBC (B), the second defendants, were the Building Regulations authority. M and B applied to dismiss the action for want of prosecution, alleging inordinate and inexcusable delay and the failure of L to apply for directions as required by RSC Order 36 Rule 6. L admitted delay and failure to issue a summons for directions, but contended that with regard to M the delay was excusable and that in any event it had not caused prejudice to M and B. ORC held that the four year delay by L before bringing the action was inordinate and inexcusable and L was also at fault for not entering the case in the ORC courts and not issuing a summons for directions. This delay by L had prejudiced the chance of a fair
690			_aBUILDING AND CONSTRUCTION-CASE LAW
942			_n0
948			_c04/03/1997
999			_c11320 _d11320