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Abbey Healthcare v Simply Construct (Court of Appeal)

21 June 2022

Citation: [2022] EWCA Civ 823

The Court of Appeal considered whether a collateral warranty in principle could be a construction contract for the purposes of section 104 of the Housing Grants, Construction and Regeneration Act 1996, and whether it was on the facts.  In deciding the points in the affirmative the Court of Appeal allowed the appeal by majority (Coulson and Peter Jackson LJJ; Stuart-Smith LJ dissenting).

Tom Owen appeared for the Appellant (Abbey Healthcare)

The oral arguments before the Court of Appeal can be found via the links below:

https://www.youtube.com/watch?v=QWdfYCD3xEg 0:00:00: Appellant’s submissions (Tom Owen).2:19:20: Respondent’s submissions.

https://www.youtube.com/watch?v=RsNqbjJchb0&t=5734s 0:00:00: Respondent’s submissions (continued). 1:30:53: Appellant’s reply (Tom Owen).

Click here to read the full judgment

Counsel

Tom Owen KC
Tom Owen KC