Waterman Transport Ltd v Torchwood Properties Ltd

Practice – Summary judgment. The claimant company provided professional engineering services to the defendant, in respect of the development of a site. The claimant brought a claim for unpaid fees in respect of those services. The defendant counterclaimed, alleging professional negligence. The claimant applied for summary judgment on its claim and to strike out the counterclaim on the basis that it was unparticularised and had no real prospect of success. If further contended that the counterclaim should be struck out where the defendant had failed to comply with an unless order at a pre-trial review to provide a pre-trial review questionnaire. The Technology and Construction Court granted summary judgment on the claimant's claim and struck out the counterclaim. The pre-trial review questionnaire filed by the defendant had not, in substance, complied with the unless order and amounted to substantive non-compliance.

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