Fitzpatrick Contractors Ltd v Tyco Fire & Integrated Solutions (UK) Ltd

Fitzpatrick Contractors Ltd v Tyco Fire & Integrated Solutions (UK) Ltd

The trial cannot proceed on 10th November 2008 because the timetable is unachievable given the outstanding steps, the state of witness and expert evidence preparation, and the practical difficulties of the compressed schedule. The primary responsibility for the delay lies with Fitzpatrick, but Tyco's amended pleadings also contributed. The overriding objective and fairness require adjournment.

Parties
Applicant/claimant: Fitzpatrick Contractors Limited; Respondent/defendant: Tyco Fire and Integrated Solutions (UK) Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2008
Procedural Posture
Civil (construction Dispute) / Application to Adjourn Trial
Outcome
Application to adjourn trial granted; costs order made against applicant
Legal Topics
Adjournment of Trial, Case Management, Costs Orders, Expert Evidence, Delay in Proceedings
Civil Procedure Construction Law Adjournment of Trial Case Management Costs Orders Expert Evidence Delay in Proceedings

Case Brief

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Parties

Fitzpatrick Contractors Limited

Applicant/claimant

Tyco Fire and Integrated Solutions (UK) Limited

Respondent/defendant

Procedural Posture

Civil (construction Dispute) / Application to Adjourn Trial

Legal Issues

  1. 1 Whether the trial scheduled for 10th November 2008 should be adjourned
  2. 2 Whether the parties can be ready for trial in accordance with the overriding objective
  3. 3 Responsibility for delays and costs occasioned by the adjournment

Ratio Decidendi

The trial cannot proceed on 10th November 2008 because the timetable is unachievable given the outstanding steps, the state of witness and expert evidence preparation, and the practical difficulties of the compressed schedule. The primary responsibility for the delay lies with Fitzpatrick, but Tyco's amended pleadings also contributed. The overriding objective and fairness require adjournment.

Court Disposition

Application to adjourn trial granted; costs order made against applicant

Orders

  • Trial adjourned from 10th November 2008 to 21st April 2009
  • Fitzpatrick Contractors Limited to pay 60% of Tyco Fire and Integrated Solutions (UK) Limited's costs of and occasioned by the adjournment, including costs of the application hearing