High Court struck out proceedings brought by an environmental engineering consultant on the grounds that: (1) following a Court of Appeal judgment upholding a previous judgment that an environmental engineering consultant’s challenge to the planning authority’s register of Independent Suitably Qualified Agents/Consultants for Waste Water Treatment was statute barred this claim was unsustainable in law and bound to fail and (2) that environmental engineering consultant’s claim for damages for malicious falsehood was bound to fail
Planning and development – planning authority seeking to strike out environmental engineering consultant’s claim on the grounds that it was not sustainable in law and are bound to fail – planning authority maintained a Register of Independent Suitably Qualified Agents/Consultants for Waste Water Treatment - environmental engineering consultant not placed on register – commenced proceedings - challenge to the lawfulness of the Register -
malicious falsehood claim – planning authority sought particulars of damages claim – planning authority ceased to maintain the Register – statute of limitations – modular trial ordered – High Court found that aspects of the claim were statute barred – appeal dismissed by the Court of Appeal - Damages for malicious falsehood - essence of the tort is that the falsehood deceives others about the plaintiff so as to cause loss to the plaintiff - statement recited in pleadings cannot amount to a statement – never mind a falsehood which deceives others about the environmental engineering consultant - remaining claims are unsustainable and bound to fail –