DPM Property Services Ltd v Emerson Crane Hire Ltd [2017] EWHC 3092 (TCC) (06 December 2017)

DPM Property Services Ltd v Emerson Crane Hire Ltd [2017] EWHC 3092 (TCC) (06 December 2017)

The judge at the pre-trial review failed to take into account the critical issue of delay and the absence of any good reason for the late expert report; the debarring order extended to quantum as well as defects, and no proper application to amend the Scott Schedule was made; the respondent is not permitted to rely on the new expert report.

Citation
[2017] EWHC 3092 (TCC)
Parties
Appellant/claimant: DPM Property Services Limited; Respondent/defendant: Emerson Crane Hire Limited
Jurisdiction
England and Wales
Judgment Date
06 December 2017
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal Against Pre Trial Review Order
Outcome
Appeal allowed; permission to appeal granted.
Legal Topics
Case Management, Expert Evidence, Debarring Orders, Delay in Litigation, Quantum of Counterclaim
Civil Procedure Construction Law Case Management Expert Evidence Debarring Orders Delay in Litigation Quantum of Counterclaim

Case Brief

Summary, issues, holding and outcome

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Parties

DPM Property Services Limited

Appellant/claimant

Emerson Crane Hire Limited

Respondent/defendant

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal Against Pre Trial Review Order

Legal Issues

  1. 1 Whether the respondent should be permitted to rely on a new expert quantum report served late
  2. 2 Interpretation and effect of a debarring order limiting evidence to matters particularised in the Scott Schedule
  3. 3 Whether the original pleaded sum in the counterclaim operates as a cap on recoverable losses

Ratio Decidendi

The judge at the pre-trial review failed to take into account the critical issue of delay and the absence of any good reason for the late expert report; the debarring order extended to quantum as well as defects, and no proper application to amend the Scott Schedule was made; the respondent is not permitted to rely on the new expert report.

Court Disposition

Appeal allowed; permission to appeal granted.

Orders

  • Respondent not permitted to rely on the new report of Mr Woods dated September 2017.
  • Appeal allowed against paragraphs 2 and 3 of the judge's order dated 25 October 2017.