Powis Street Estates (No 3) Ltd v Wallace LLP & Anor [2021] EWHC 3269 (Ch) (02 December 2021)

Powis Street Estates (No 3) Ltd v Wallace LLP & Anor [2021] EWHC 3269 (Ch) (02 December 2021)

Permission to serve amended replies out of time is granted except for the disputed paragraph 25A.2, which is refused as it constitutes a new claim not founded on facts presently in issue and is not permissible in a reply. Expert evidence is permitted only in valuation and building surveying as necessary to resolve technical matters; other expert evidence is refused.

Citation
[2021] EWHC 3269 (Ch)
Parties
Claimant: Powis Street Estates (No 3) Limited; First Defendant: Wallace LLP; Second Defendant: Cradick Retail (A Firm); Third Party: Douglas Moat Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2021
Procedural Posture
Professional Negligence Claim / Costs and Case Management Conference (ccmc)
Outcome
Permission granted to serve amended replies out of time except for paragraph 25A.2; permission for expert evidence limited to valuation and building surveying.
Legal Topics
Amendment of Pleadings, Relief From Sanctions, Expert Evidence, Scope of Replies, New Claims in Replies
Professional Negligence Civil Procedure Amendment of Pleadings Relief From Sanctions Expert Evidence Scope of Replies New Claims in Replies

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Parties

Powis Street Estates (No 3) Limited

Claimant

Wallace LLP

First Defendant

Cradick Retail (A Firm)

Second Defendant

Douglas Moat Limited

Third Party

Procedural Posture

Professional Negligence Claim / Costs and Case Management Conference (ccmc)

Legal Issues

  1. 1 Whether permission should be granted to serve amended replies out of time
  2. 2 Whether proposed amendment to reply constitutes a new claim
  3. 3 Scope of expert evidence permitted at trial

Ratio Decidendi

Permission to serve amended replies out of time is granted except for the disputed paragraph 25A.2, which is refused as it constitutes a new claim not founded on facts presently in issue and is not permissible in a reply. Expert evidence is permitted only in valuation and building surveying as necessary to resolve technical matters; other expert evidence is refused.

Court Disposition

Permission granted to serve amended replies out of time except for paragraph 25A.2; permission for expert evidence limited to valuation and building surveying.

Orders

  • Powis permitted to serve amended replies except paragraph 25A.2
  • Powis and Wallace permitted to call valuation experts as to value of 138-152 in June 2013