Leeds Beckett University has lost a court battle with an insurance company that refused to pay out £10m after cracks appeared in student flats and they had to be demolished.
More than 140 students living in Turner House and Bridge House at the former Kirkstall Brewery were evacuated just days before Christmas in 2011 due to fears of subsidence following complaints of cracks in the walls and ceilings.
A structural investigation of the buildings, which were owned by the university, revealed that Turner House was at severe risk of collapse as a result of concrete blockwork below ground level being “turned into mush” by flowing groundwater. As a result both buildings, that were built in the 1990s on the sloped canal-side site of the 19th century brewery, were demolished in late 2012 and the area was turned into green space.
The university launched a court action against its insurance company, Travelers, after it refused to cover the loss, pointing to a number of exclusion clauses in the policy.
Rejecting the university’s claim, however, Mr Justice Coulson ruled that the damage to the block could not be viewed as accidental. The flow of groundwater had been constant from the block’s completion to the date on which the cracks appeared and there had been no sudden flood.
At the time the policy was signed – just four months before the cracks appeared – the collapse of the blockwork was inevitable and there was nothing that could have been done to save it, the judge told London’s High Court. The cause of the damage was gradual deterioration over at least a decade, he added.
And he ruled that the block would still have been standing had it not been for its faulty or deficient design.
Groundwater was a known and predictable problem that had not been addressed and, in that respect, the block’s design was “not fit for its purpose”.