A couple who made a hasty evacuation before their London home collapsed, as a result of a poorly carried out cellar conversion, have won what is likely only to be a Pyrrhic victory in their damages claim.
Akenhead J dismissed their claim against professional engineers, Beltec Ltd, who were retained to design the essential structural works, but ruled that AIMS Plumbing & Heating Ltd, which carried out the work, was liable to pay almost £290,000.
However, he said that AIMS had played no part in the proceedings and is believed to be insolvent, meaning that Edward Goldswain and Jacqueline Hale may well be left with nothing to show for their partial success.
In what he described as a “sad case”, the judge said that the couple acquired a leasehold interest in a ground floor flat at 4, Stanhope Avenue, London, N3, in 2011. The flat had a cellar which they decided to convert into living accommodation by underpinning the outer walls to create more height.
However, he said that AIMS installed the underpinning but “apparently not anything else of importance”.
He continued: “Following increasing amounts of cracking in the superstructure in November 2012, and, following a hasty evacuation of the premises, No 4 collapsed save for a rear extension.”
The judge said that Beltec was required to provide the claimants with the structural designs with reasonable care and skill, but that he did not consider that any case for professional negligence in relation to the design and specification had been established on the evidence.
In addition, he rejected a claim that one of Beltec’s representatives was negligent in a site visit in September 2012, finding that a sizeable number of engineers in the same position ”would have done no more and no less than he did which was, in essence, advising his client [AIMS] to follow the requirements set out on the drawings”.
However, finding AIMS liable, he said: “Although I have not had the benefit of any evidence from AIMS, the evidence which I have heard, in effect supported by both liability experts, establishes the overwhelming probability that AIMS failed to carry out their work with reasonable care and skill or in compliance with the drawings which it was provided with.
“It is clear that from the start of the work up to the collapse that no or no effective propping was provided and that the specified sequence was, for no good reason, simply not followed, particularly in relation to the need to form the subjacent floor slab and kicker under and beside each of the pins; the reinforcement that was emanating from the pins was not the right size or shape.
He concluded: “Although I have the greatest sympathy with the claimants, the claimants’ case against Beltec is dismissed and there will be judgment for Beltec. AIMS is liable to the Claimants and damages against it are assessed at £287,754.”
Goldswain and anr v Beltec Ltd and anr Technology and Construction (Akenhead J) 10 March 2015
Gideon Scott Holland (instructed by Birketts LLP) for the Claimants
Steven Walker QC (instructed by Bond Dickinson LLP) for the First Defendants
The Second Defendant did not appear and was not represented
