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ARTICLE · 29 JANUARY 2010

To Litigate Or Not To Litigate?

The 50 page judgment in this case is a stark lesson in some of the realities and risks of litigation, and the vital importance of proper preparation for all concerned.

United KingdomReal Estate and Construction

Fitzroy Robinson Ltd v Mentmore Towers Ltd

The 50 page judgment in this case is a stark lesson in some of the realities and risks of litigation, and the vital importance of proper preparation for all concerned. None of the parties emerged very well from the judgment, and one of Fitzroy Robinson's witnesses in particular was severely criticised by the Judge.

The Background

Fitzroy Robinson was employed as architect in respect of the design and development of buildings in Piccadilly, London into an exclusive private members' club, and of Mentmore Towers in Buckinghamshire into a country house hotel. Fitzroy Robinson sued its employer in respect of each project for unpaid fees, and the employers then counterclaimed and alleged that Fitzroy Robinson was negligent in its handling of the application for planning permission for the Piccadilly site, that Fitzroy Robinson was guilty of fraudulent misrepresentation and deceit in inducing the employers to employ the firm,

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