URS Corporation Ltd (Appellant) v BDW Trading Ltd (Respondent)

Case summary

Case ID

UKSC/2023/0110

Parties

Appellant(s)

URS Corporation Ltd

Respondent(s)

BDW Trading Ltd

Issue

1. Is loss that is otherwise recoverable in the tort of negligence irrecoverable if it is incurred (i) without an enforceable legal obligation to do so, and (ii) in respect of property in which the claimant has no proprietary interest, because such loss is voluntarily incurred, and that means it falls outside the scope of the defendant’s duty of care and/or is too remote? 2. Do the retrospective extended limitation periods provided for by section 135 of the Building Safety Act 2022 apply to other claims (eg in the tort of negligence) which are dependent on the time-bar applicable to claims under section 1 of the Defective Premises Act 1972 (“DPA”) 3. Does section 1(1)(a) of the DPA apply only to purchasers of properties, or does it also apply to property developers? 4. Is the respondent entitled to bring a contribution claim against the appellant under section 1 of the Civil Liability (Contribution) Act 1978 when there has been no judgment or settlement between the respondent and any third party and no third party has ever asserted any claim against the respondent?

Facts

The respondent is a property developer who had engaged the appellant as a structural design consultant in connection with multiple high-rise residential developments. In March 2020, the respondent brought a claim in negligence against the appellant in relation to structural design defects it had discovered in the developments. The respondent had discovered the defects after having sold the developments to third parties. It nonetheless performed remedial works to rectify the defects, the cost of which forms the basis of the losses the respondent claims against the appellant. The Court of Appeal found in favour of the respondent in respect of issues 1-4 above. The appellant now appeals to the Supreme Court.

Date of issue

22 August 2023

Judgment appealed

Judgment details

Judgment date

21 May 2025

Neutral citation

[2025] UKSC 21

Judgment links

Judgment summary

21 May 2025

Appeal

Justices

Lord Lloyd-Jones

Lord Briggs

Lord Sales

Lord Hamblen

Lord Leggatt

Lord Burrows

Lord Richards

Hearing dates

Full hearing

Start date

2 December 2024

End date

4 December 2024

Half hearing

Start date

5 December 2024

End date

5 December 2024

Watch hearings

Back to top