Airwave Solutions Ltd v Secretary of State for the Home Department & Anor [2025] EWHC 108 (TCC) (23 January 2025)

Airwave Solutions Ltd v Secretary of State for the Home Department & Anor [2025] EWHC 108 (TCC) (23 January 2025)

Permission to re-amend the Defence is granted in part because the proposed amendments are not a new case, the lateness is explicable by procedural developments, the amendments have a real prospect of success, and with proper particularisation and case management, the trial timetable can be maintained. However, permission is refused for certain amendments lacking sufficient particularisation or relevance, and Defendants are required to provide concise particulars by a set deadline.

Citation
[2025] EWHC 108 (TCC)
Parties
Claimant: Airwave Solutions Limited; Defendants: The Secretary of State for the Home Department & another
Jurisdiction
England and Wales
Judgment Date
23 January 2025
Procedural Posture
Civil (technology & Construction Court) / Interlocutory Application for Permission to Re Amend Defence
Outcome
Permission to re-amend Defence granted in part, subject to conditions; certain amendments refused; further directions to be given at next CMC.
Legal Topics
Amendment of Pleadings, Public Contracts Regulations 2015, Breach of Contract, Case Management, Disclosure, Settlement Agreements
Public Procurement Contract Law Civil Procedure Amendment of Pleadings Public Contracts Regulations 2015 Breach of Contract Case Management Disclosure +1 more

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Parties

Airwave Solutions Limited

Claimant

The Secretary of State for the Home Department & another

Defendants

Procedural Posture

Civil (technology & Construction Court) / Interlocutory Application for Permission to Re Amend Defence

Legal Issues

  1. 1 Whether Defendants should be granted permission to re-amend their Defence to plead further allegations regarding Motorola's performance under the Lot 2 ESN Contract
  2. 2 Whether the proposed amendments are late or very late and if so, whether there is good reason for the delay
  3. 3 Whether the proposed amendments are sufficiently particularised and have a real prospect of success

Ratio Decidendi

Permission to re-amend the Defence is granted in part because the proposed amendments are not a new case, the lateness is explicable by procedural developments, the amendments have a real prospect of success, and with proper particularisation and case management, the trial timetable can be maintained. However, permission is refused for certain amendments lacking sufficient particularisation or relevance, and Defendants are required to provide concise particulars by a set deadline.

Court Disposition

Permission to re-amend Defence granted in part, subject to conditions; certain amendments refused; further directions to be given at next CMC.

Orders

  • Permission refused for re-amendment to paragraph 27(4)(e)(i)-(iii).
  • Permission granted for re-amendment to paragraph 27(4)(h)(i) and (ii) subject to deletion of certain wording and requirement for concise particulars.