Litigation Writs 7/2/00

The London-based European Bank for Reconstruction and Development has launched a High Court action to recover more than US$27m (£16.7m). The bank is suing the owners of the ship Kemerovo, which according to the claim issued in London, was mortgaged as security for loans totalling US$27,719,159.13. The ship is said to have become security for a second priority Maltese statutory mortgage in December 1997, securing the obligations of Kusan Investments and other borrowers. Now the bank is seeking a declaration of the validity of the mortgage and a deed of covenant, and payment of US$27,719,159.13, with interest.

Claim issued by Stephenson Harwood, London EC4

Kent-based Fleeceberry Ltd is being sued by Thanet District Council for repayment of £82,000 compensation paid to the company under section 584B of the Housing Act 1985. The company owned Channel View Court, Granville Marina, Ramsgate, and on 11 December 1992 closing orders were made by the council under section 264 of the act for numbers one-six, nine and 12 of the property. Under section 584A (1) of the act, £82,000 was paid by the council to the company as compensation, and on 17 November 1992 the closing orders were determined. However, under section 584B the council claims it is entitled to the repayment of the compensation. It alleges that despite a request, the money has not been repaid. The council also seeks interest of £39,360.

Claim issued by Sharpe Pritchard, London WC1

The Langley Park School for Boys in Beckenham, Kent, is heading for a High Court showdown with builders H Randell and Son, London SW11. Randell is seeking £33,757 which it claims is due for building work. Randell alleges that the school authorities have wrongfully refused to pay despite an architect’s final certificate.

Claim issued by Susan Heads & Co, Chislehurst, Kent

Leicester-based architects, the ADW Partnership, is being sued by Leicestershire County Council for damages after an alleged breach of a January 1990 agreement, and negligence in its performance of architectural design and inspection services of alterations to existing buildings and the erection of a repository, the Wigston Records Office. The claim alleges that the project was completed in October 1992, but that there were significant defects. The council says the records office is unfit for its intended purpose and expects remedial costs to be £525,049.

Claim issued by Elizabeth McCalla, county solicitor

The London SE5-based Kings Healthcare NHS Trust is being sued for alleged negligence. John Frew of Clapham, London, claims he was negligently treated at Kings College Hospital when he underwent a lumbar puncture for a diagnosis. He says that after the operation he suffered a blood clot and paralysis. He claims this resulted from the failure of the medical team to ascertain and adjust the anticoagulation status of his blood.

Claim issued by Evill & Coleman, London SW1