TCC considers limitation for tort claims against subcontractors and sub-consultants and when an implied trust may be created

In the recent judgment in Co-operative Group Limited v Birse Developments Limited, Stuarts Industrial Flooring Limited, Jubb & Partners and Geofirma Soils Engineering Limited, Stuart-Smith J considered when limitation begins to run for claims in tort against a sub-consultant as a result of defective works under the main contract and when a prohibited assignment without consent will give rise to a trust. Jubb & Partners (“Jubb”) were represented by Beale & Company.