Strike-out—TCC dismisses inadequately plead professional negligence claim (Firdous v Ecclesall Design)
Construction analysis: The Technology and Construction Court (TCC) struck out claims against three defendants in a defects claim. The court found that the claimant’s particulars of claim were inadequately particularised—and, moreover, had no realistic prospect of being properly plead. This judgment underscores the importance of well-formulated proceedings in professional negligence disputes, and demonstrates the court’s readiness to dismiss claims lacking a clear legal and factual basis, even if striking out is considered a last resort. The case also emphasises the significance of adhering to pre-action protocols and civil procedure rules, which may be relevant to the court’s decision on whether to strike a case out.