Lendlease Construction (Europe) Ltd v AECOM Ltd & Anor [2022] EWHC 2855 (TCC) (01 November 2022)

Lendlease Construction (Europe) Ltd v AECOM Ltd & Anor [2022] EWHC 2855 (TCC) (01 November 2022)

Permission granted for most amendments except the orange amendments (new contribution claim), which were refused due to insufficient particularisation, lateness, and arguable expiry of limitation period. Costs orders made in accordance with usual principles: costs in the case for yellow amendments, claimant to pay costs for blue, green, and pink amendments. Discontinuance of claims against Second Defendant and certain defects triggers costs liability under CPR 38.6.

Citation
[2022] EWHC 2855 (TCC)
Parties
Claimant: Lendlease Construction (Europe) Limited; First Defendant: AECOM Limited; Second Defendant: AECOM Holdings Ltd
Jurisdiction
England and Wales
Judgment Date
01 November 2022
Procedural Posture
Commercial Construction Dispute / Application for Permission to Amend Particulars of Claim Prior to Trial
Outcome
Permission granted for yellow, blue, green, pink, and red amendments (subject to further particularisation for red); permission refused for orange amendments (contribution claim).
Legal Topics
Amendment of Pleadings, Costs of Amendments, Discontinuance, Contribution Claims, Limitation Periods
Civil Procedure Construction Law Amendment of Pleadings Costs of Amendments Discontinuance Contribution Claims Limitation Periods

Case Brief

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Parties

Lendlease Construction (Europe) Limited

Claimant

AECOM Limited

First Defendant

AECOM Holdings Ltd

Second Defendant

Procedural Posture

Commercial Construction Dispute / Application for Permission to Amend Particulars of Claim Prior to Trial

Legal Issues

  1. 1 Whether permission should be granted to amend Particulars of Claim in various respects
  2. 2 Appropriate costs orders for amendments
  3. 3 Discontinuance of claims against Second Defendant and certain defects

Ratio Decidendi

Permission granted for most amendments except the orange amendments (new contribution claim), which were refused due to insufficient particularisation, lateness, and arguable expiry of limitation period. Costs orders made in accordance with usual principles: costs in the case for yellow amendments, claimant to pay costs for blue, green, and pink amendments. Discontinuance of claims against Second Defendant and certain defects triggers costs liability under CPR 38.6.

Court Disposition

Permission granted for yellow, blue, green, pink, and red amendments (subject to further particularisation for red); permission refused for orange amendments (contribution claim).

Orders

  • Costs of yellow amendments to be costs in the case.
  • Claimant to pay Defendants' costs of blue amendments.