Willmott Dixon Holdings Ltd v Karakusevic Carson Architects LLP & Ors

Willmott Dixon Holdings Ltd v Karakusevic Carson Architects LLP & Ors

The claimant was able to set out the essence of its claim and had grounds to make a claim at the time of issuing the claim form. The proceedings were not an abuse of process, as the claimant knew the nature of the claim, the relevant contract, and the broad nature of the alleged breaches. The application to strike out is dismissed.

Parties
Claimant: Willmott Dixon Holdings Ltd; First Defendant: Karakusevic Carson Architects LLP; Second Defendant: Peter Brett Associates LLP; Third Defendant: Toureen Contractors Ltd
Jurisdiction
England and Wales
Judgment Date
24 January 2025
Procedural Posture
Civil (construction/contract) / Application to Strike Out Claim Form
Outcome
Application to strike out dismissed
Legal Topics
Abuse of Process, Limitation Periods, Particularisation of Claims, Strike Out Applications
Civil Procedure Construction Law Contract Law Abuse of Process Limitation Periods Particularisation of Claims Strike Out Applications

Case Brief

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Parties

Willmott Dixon Holdings Ltd

Claimant

Karakusevic Carson Architects LLP

First Defendant

Peter Brett Associates LLP

Second Defendant

Toureen Contractors Ltd

Third Defendant

Procedural Posture

Civil (construction/contract) / Application to Strike Out Claim Form

Legal Issues

  1. 1 Whether the claimant's claim form should be struck out as an abuse of process for lack of known grounds or intention to prosecute the claim at the time of issue.

Ratio Decidendi

The claimant was able to set out the essence of its claim and had grounds to make a claim at the time of issuing the claim form. The proceedings were not an abuse of process, as the claimant knew the nature of the claim, the relevant contract, and the broad nature of the alleged breaches. The application to strike out is dismissed.

Court Disposition

Application to strike out dismissed

Orders

  • Application to strike out the claim form is dismissed.