Lendlease Construction (Europe) Limited v AECOM Limited & Anor.

Lendlease Construction (Europe) Limited v AECOM Limited & Anor.

Permission is granted for the yellow and blue amendments (with costs in the case for yellow, and usual costs order for blue). Permission is refused for the orange amendments (contribution claim) due to insufficient particularisation, lateness, and expiry of limitation. Discontinuance against the Second Defendant and withdrawal of two defects (green and pink amendments) attract costs orders against the Claimant. The Claimant must clarify its pleading regarding reliance on the Project Co judgment.

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
Civil (construction Dispute) / Ruling on Application to Amend Particulars of Claim
Outcome
Application to amend allowed in part and refused in part; costs orders made as specified.
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

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Parties

Lendlease Construction (Europe) Limited

Claimant

AECOM Limited

First Defendant

AECOM Holdings Ltd

Second Defendant

Procedural Posture

Civil (construction Dispute) / Ruling on Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether to grant permission for various categories of amendments to the Particulars of Claim
  2. 2 Appropriate costs orders for each category of amendment
  3. 3 Whether discontinuance against the Second Defendant and certain claims requires costs orders under CPR 38

Ratio Decidendi

Permission is granted for the yellow and blue amendments (with costs in the case for yellow, and usual costs order for blue). Permission is refused for the orange amendments (contribution claim) due to insufficient particularisation, lateness, and expiry of limitation. Discontinuance against the Second Defendant and withdrawal of two defects (green and pink amendments) attract costs orders against the Claimant. The Claimant must clarify its pleading regarding reliance on the Project Co judgment.

Court Disposition

Application to amend allowed in part and refused in part; costs orders made as specified.

Orders

  • Permission granted for yellow amendments; costs in the case.
  • Permission granted for blue amendments; Claimant to pay Defendants' costs of and occasioned by the amendments; Defendants permitted to serve further factual evidence by 8 November.