Tweet
Dowling v Griffin [2014] EWCA Civ 1545 (14 October 2014)
More...
LORD JUSTICE LEWISON: In 2001 Alan Phillips Associates Limited (APAL), a limited company controlled by Alan Phillips, an architect, agreed to perform architectural and design services for the Dowlings in connection with a development project in Hove. The terms of the contract included the following:
"We confirm that we maintain Professional Indemnity Insurance cover of £250,000.00 for any one occurrence ... arising out of one event and this will be the maximum of our liability arising out of this agreement."
Unfortunately the project did not go according to plan and the Dowlings fell out with Mr Phillips.
In April 2003 a claim for unpaid fees was brought in the County Court against the Dowlings in the name of Alan Phillips Associates without the "Limited".
The Dowlings put in a homemade defence but that was struck out on 15 August 2003 and they were ordered to serve a defence and counter-claim by 26 September. The Dowlings then instructed Bennett Griffin to defend the claim and also to make a counter-claim in respect of losses caused by the alleged negligence of the architect.
The case was handled by Ms Lee, who was a legal executive at the time, under the supervision of Mr Laverick.
The defence and counter-claim were served on or shortly after 17 October 2003.
At a hearing on 9 July 2004 a successful application was made for the name of APAL to be substituted for that of Alan Phillips Associates as the claimant in the fees claim and, therefore, also as the defendant to the counter-claim.
At the trial in 2005 the Dowlings succeeded on the fees claim and also on liability and the counter-claim.
LORD JUSTICE LEWISON: In 2001 Alan Phillips Associates Limited (APAL), a limited company controlled by Alan Phillips, an architect, agreed to perform architectural and design services for the Dowlings in connection with a development project in Hove. The terms of the contract included the following:
"We confirm that we maintain Professional Indemnity Insurance cover of £250,000.00 for any one occurrence ... arising out of one event and this will be the maximum of our liability arising out of this agreement."
Unfortunately the project did not go according to plan and the Dowlings fell out with Mr Phillips.
In April 2003 a claim for unpaid fees was brought in the County Court against the Dowlings in the name of Alan Phillips Associates without the "Limited".
The Dowlings put in a homemade defence but that was struck out on 15 August 2003 and they were ordered to serve a defence and counter-claim by 26 September. The Dowlings then instructed Bennett Griffin to defend the claim and also to make a counter-claim in respect of losses caused by the alleged negligence of the architect.
The case was handled by Ms Lee, who was a legal executive at the time, under the supervision of Mr Laverick.
The defence and counter-claim were served on or shortly after 17 October 2003.
At a hearing on 9 July 2004 a successful application was made for the name of APAL to be substituted for that of Alan Phillips Associates as the claimant in the fees claim and, therefore, also as the defendant to the counter-claim.
At the trial in 2005 the Dowlings succeeded on the fees claim and also on liability and the counter-claim.
