A £400,000 damages award made against architect HOK for negligent redevelopment works on a north London leisure centre has been upheld by the Court of Appeal.
Three appeal judges have unanimously backed a November 2004 High Court order that HOK International contribute to the cost of remedial works at X-Leisure Fund’s O2 Centre in Finchley Road, London NW3.
The works were carried out to rectify the building’s poor design, which caused a wind tunnel to form inside the centre when the entrance doors were opened.
In April 2004, the engineering consultant for the scheme, Brian Warwicker Partnership (BWP), paid a £1.25m damages settlement, with no admission of liability, for the remedial works to then owner Burford NW3. It subsequently brought legal proceedings against HOK for contribution or indemnity.
Allowing the claim in November 2004, High Court recorder David Blunt QC ruled that HOK had failed to “discharge its duties as leader of the design team” and to “exercise reasonable skill and care”.
He held that a reasonably competent architect would have recognised that, given its location and orientation, the centre might be subject to draughts, and been aware of the design options available for overcoming or alleviating the risk of wind-tunnelling.
The Court of Appeal has ruled that, when making the order, the recorder had been entitled to take into account evidence of “non-causative factors”, such as poor communication on HOK’s part, that contributed to the fault.
Burford commissioned extensive redevelopment works to the £100m O2 Centre, before opening it as a leisure park in 1999. The centre incorporates a mix of retail, leisure and restaurant facilities, anchored by an eight-screen Vue multiplex cinema and an 80,000 sq ft Sainsbury’s supermarket.
X-Leisure Fund, which is managed by Capital & Regional, bought out Burford’s 25% share of the centre in July 2004, giving the fund a 100% ownership.
Brian Warwicker Partnership plc v HOK International Ltd Court of Appeal (Sir Andrew Morritt VC, and Arden and Keene LJJ) 27 July 2005.
Justin Mort (instructed by Nabarro Nathanson) appeared for the appellant; Ben Patten (instructed by PI Direct) appeared for the respondent.
References: EGi Legal News 27/07/05
