J & B Hopkins Ltd v A & V Building Solution Ltd [2023] EWHC 2576 (TCC) (17 October 2023)

J & B Hopkins Ltd v A & V Building Solution Ltd [2023] EWHC 2576 (TCC) (17 October 2023)

Permission to appeal is refused because the judge applied established legal principles to exceptional facts, not raising new points of law. Directions for pleadings, disclosure, and trial are set to ensure efficient resolution. Costs thrown away by re-pleading are awarded to J&BH; other costs are costs in the case.

Citation
[2023] EWHC 2576 (TCC)
Parties
Claimant (ht 2022 000444) / Defendant (ht 2023 000006): J & B Hopkins Limited; Defendant (ht 2022 000444) / Claimant (ht 2023 000006): A & V Building Solution Limited
Jurisdiction
England and Wales
Judgment Date
17 October 2023
Procedural Posture
Civil (technology and Construction Court) / Post Judgment Applications: Permission to Appeal, Case Management, and Costs Directions
Outcome
Permission to appeal refused; case management directions and costs orders made.
Legal Topics
Adjudication Enforcement, Stay of Execution, Security for Costs, Case Management Directions, Disclosure, Expert Evidence, Costs Orders
Construction Law Civil Procedure Adjudication Enforcement Stay of Execution Security for Costs Case Management Directions Disclosure Expert Evidence +1 more

Case Brief

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Parties

J & B Hopkins Limited

Claimant (ht 2022 000444) / Defendant (ht 2023 000006)

A & V Building Solution Limited

Defendant (ht 2022 000444) / Claimant (ht 2023 000006)

Procedural Posture

Civil (technology and Construction Court) / Post Judgment Applications: Permission to Appeal, Case Management, and Costs Directions

Legal Issues

  1. 1 Whether permission to appeal should be granted against the 6 October 2023 judgment
  2. 2 Whether a stay of Action 6 of 2023 should be ordered pending appeal
  3. 3 Appropriate case management directions for pleadings, disclosure, witness statements, and expert evidence

Ratio Decidendi

Permission to appeal is refused because the judge applied established legal principles to exceptional facts, not raising new points of law. Directions for pleadings, disclosure, and trial are set to ensure efficient resolution. Costs thrown away by re-pleading are awarded to J&BH; other costs are costs in the case.

Court Disposition

Permission to appeal refused; case management directions and costs orders made.

Orders

  • Permission to appeal refused.
  • Stay of Action 6 of 2023 pending appeal refused.