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Paul Robertson limited the council's exposure to only 10% in this case.
READ MOREThis was a professional liability case brought by the owners of a “leaky building”. We acted for the council on an appeal from a judgment of the High Court to the Court of Appeal.
READ MOREThe council maintained an award of indemnity costs on appeal in respect of the unit holders who brought unmeritorious claims against it and acted in bad faith.
READ MOREThe council admitted liability but went to hearing to reduce the amount of damages payable and to recover against the other construction parties. It succeeded on all arguments including the measure of damages (loss in value as opposed to the cost of repairs), contributory negligence, remedial scope and it recovered 70% of the damages award from the other liable parties.
READ MOREThe council succeeded at trial in its arguments relating to causation, loss of chance and contributory negligence.
READ MOREThe council succeeded in its application for further and better particulars and testing.
READ MOREThe council succeeded in its cross claim against the previous owner in deceit for knowingly supplying to the council a forged producer statement and negligence.
READ MOREThe council successfully opposed the project manager’s application for special leave to appeal to the Court of Appeal.
READ MOREThe council escaped liability for 92% of the claim made against it.
READ MOREThe council preserved the finding that it had no liability to the owner of a building with foundation and weathertightness defects on appeal to the Court of Appeal.
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