Midal Cables Ltd v AMEC Foster Wheeler Group Ltd [2019] EWHC 1155 (TCC) (29 March 2019)

Midal Cables Ltd v AMEC Foster Wheeler Group Ltd [2019] EWHC 1155 (TCC) (29 March 2019)

Ordering preliminary issues in this case would not resolve the whole proceedings, would not significantly improve settlement prospects, and would likely increase costs due to disputed facts and the need for oral evidence. The application for preliminary issues is refused as it would lead to a disjointed and more expensive trial.

Citation
[2019] EWHC 1155 (TCC)
Parties
Claimant/respondent: Midal Cables Limited; Defendant/applicant: Amec Foster Wheeler Group Limited
Jurisdiction
England and Wales
Judgment Date
29 March 2019
Procedural Posture
Commercial Contract Dispute / Application for Preliminary Issues
Outcome
Application for preliminary issues refused
Legal Topics
Battle of the Forms, Preliminary Issues, Terms and Conditions, Case Management
Commercial Law Contract Law Civil Procedure Battle of the Forms Preliminary Issues Terms and Conditions Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Midal Cables Limited

Claimant/respondent

Amec Foster Wheeler Group Limited

Defendant/applicant

Procedural Posture

Commercial Contract Dispute / Application for Preliminary Issues

Legal Issues

  1. 1 Whether preliminary issues should be ordered regarding which party's terms and conditions govern the contracts for supply of conductor
  2. 2 Whether the contracts were governed by Amec's terms, Midal's terms, or a combination
  3. 3 Whether resolving preliminary issues would reduce costs or facilitate settlement

Ratio Decidendi

Ordering preliminary issues in this case would not resolve the whole proceedings, would not significantly improve settlement prospects, and would likely increase costs due to disputed facts and the need for oral evidence. The application for preliminary issues is refused as it would lead to a disjointed and more expensive trial.

Court Disposition

Application for preliminary issues refused

Orders

  • No order for preliminary issues; case to proceed in ordinary course