Standard Life Assurance Ltd v Gleeds (UK) (a firm) & Ors [2021] EWHC 2081 (TCC) (27 July 2021)

Standard Life Assurance Ltd v Gleeds (UK) (a firm) & Ors [2021] EWHC 2081 (TCC) (27 July 2021)

Permission to amend is granted except in respect of the quantum aspects of the schedules where the Claimant has failed to comply with previous court orders requiring the pleading of additional cost per variation; the Claimant must provide approximate figures for each variation by a specified date. Amendments relating to loss of a chance and inadequate record-keeping are allowed as they are sufficiently arguable. Extrapolation amendments are deferred pending the outcome of the Court of Appeal decision.

Citation
[2021] EWHC 2081 (TCC)
Parties
Claimant: Standard Life Assurance Limited; First Defendant: Gleeds (UK) (a firm); Second Defendant: Buro Four Project Services Limited; Third Defendant: Shearer Property Associates Limited; Fourth Defendant: Building Design Partnership Limited; Fifth Defendant: Carter Jonas LLP; Sixth Defendant: Cundall Johnston & Partners Limited
Jurisdiction
England and Wales
Judgment Date
27 July 2021
Procedural Posture
Application to Amend Particulars of Claim in Professional Negligence Proceedings / Interlocutory Application, Pre Trial
Outcome
Application granted in part
Legal Topics
Amendment of Pleadings, Quantum of Damages, Professional Negligence, Loss of a Chance, Compliance With Court Orders, Case Management
Civil Procedure Professional Negligence Construction Law Amendment of Pleadings Quantum of Damages Loss of a Chance Compliance With Court Orders Case Management

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Parties

Standard Life Assurance Limited

Claimant

Gleeds (UK) (a firm)

First Defendant

Buro Four Project Services Limited

Second Defendant

Shearer Property Associates Limited

Third Defendant

Building Design Partnership Limited

Fourth Defendant

Carter Jonas LLP

Fifth Defendant

Cundall Johnston & Partners Limited

Sixth Defendant

Procedural Posture

Application to Amend Particulars of Claim in Professional Negligence Proceedings / Interlocutory Application, Pre Trial

Legal Issues

  1. 1 Whether the Claimant should be granted permission to amend its Particulars of Claim
  2. 2 Whether the Claimant has complied with previous court orders regarding pleading quantum per variation
  3. 3 Whether the amendments relating to loss of a chance are sufficiently arguable

Ratio Decidendi

Permission to amend is granted except in respect of the quantum aspects of the schedules where the Claimant has failed to comply with previous court orders requiring the pleading of additional cost per variation; the Claimant must provide approximate figures for each variation by a specified date. Amendments relating to loss of a chance and inadequate record-keeping are allowed as they are sufficiently arguable. Extrapolation amendments are deferred pending the outcome of the Court of Appeal decision.

Court Disposition

Application granted in part

Orders

  • Permission to amend Particulars of Claim granted except for quantum aspects of schedules where previous orders not complied with.
  • Claimant to provide approximate quantum figures per variation by 8 October 2021.