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Timothy Polli KC and Peter Brogden (instructed by Kingsley Napley LLP) for the Claimant Dr Timothy Sampson (instructed by Hill Dickinson LLP) for the First Defendant The Second Defendant was not represented Jennie Gillies (instructed by Beale & Co. Solicitors LLP) for the Third Defendant Hearing date: 30 January 2024 ____________________
ii) RGB, under its collateral warranty, for breach of the Building Contract; and in respect of alleged breaches of s.1 of the Defective Premises Act 1972; and
(1) That on the true construction of the SPA, Croydon has no liability to WOL insofar as the costs of rectification of such defects in the Property as are proved to exist is within the collateral warranties with RGB and Stroma;
(2) That on the true construction of the SPA, Croydon's liability is limited to rectification of snagging defects or the like, not the substantial latent defects alleged by WOL in this action;
(3) That WOL has not pleaded against Croydon a sustainable case as to causation.
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