Swansea Stadium Management Company Ltd v City & County of Swansea & Anor  EWHC 989 (TCC)23rd Apr 2019
In Swansea Stadium Management Company Ltd v City & County of Swansea & Anor  EWHC 989 (TCC) Riaz Hussain QC successfully represented the City & County of Swansea (“the Council”) in a two-week hearing regarding Liberty Stadium in Swansea.
The Claimant Swansea Stadium Management Company Ltd (SSMC) is an incorporated joint venture between the Council and Swansea Football Club. SSMC was a tenant of the Stadium under a Lease Agreement with the Council. SSMC also held a collateral warranty from the building contractor Interserve. SSMC alleged that the Council as Landlord had failed to take all reasonable steps against the Contractor Interserve in respect of alleged defects in the Stadium in breach of an express agreement to that effect. The judgment considered the Council’s efforts to address the alleged defects with Interserve and found the Council had taken all reasonable steps particularly in light of the fact that the SSMC had repeatedly told the Council that it should not litigate against Interserve and that SSMC would itself issue (but not serve) protective proceedings against Interserve under its collateral warranty to stop any claims becoming time barred (which SSMC in fact failed to do).
Riaz Hussain QC was instructed by the City & County of Swansea for the first defendant.
17 April 2019