Office Depot International (UK) Ltd v UBS Asset Management (UK) Ltd & Ors [2018] EWHC 1494 (TCC) (15 June 2018)

Office Depot International (UK) Ltd v UBS Asset Management (UK) Ltd & Ors [2018] EWHC 1494 (TCC) (15 June 2018)

The claim for declaratory relief against the landlord (UBS Triton) is not justiciable as there is no crystallised dispute or positive case as to the works required; the lease allocates the risk to the tenant, and the court should not determine hypothetical obligations. The claims against Amec and FK are inadequately pleaded as they are contingent on a determination not yet made and lack a positive case as to remedial works and loss. However, OD is given a final opportunity to plead a proper case against Amec and FK.

Citation
[2018] EWHC 1494 (TCC)
Parties
Claimant: Office Depot International (UK) Limited; First Defendant: UBS Asset Management (UK) Limited; Second Defendant: Amec Foster Wheeler Group Limited; Third Defendant: FK Facades Limited; Fourth Defendant: UBS Triton General Partner Limited
Jurisdiction
England and Wales
Judgment Date
15 June 2018
Procedural Posture
Contested Applications to Amend and Strike Out Pleadings in Commercial Construction Dispute / Interlocutory Applications (amendment, Strike Out, Summary Judgment)
Outcome
Claim against first and fourth defendants struck out; application to amend claim against second and third defendants adjourned with directions; costs awarded to defendants.
Legal Topics
Declaratory Relief, Collateral Warranties, Repairing Covenants, Pleading Requirements, Summary Judgment, Strike Out Applications
Commercial Law Construction Law Landlord and Tenant Law Civil Procedure Declaratory Relief Collateral Warranties Repairing Covenants Pleading Requirements +2 more

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Parties

Office Depot International (UK) Limited

Claimant

UBS Asset Management (UK) Limited

First Defendant

Amec Foster Wheeler Group Limited

Second Defendant

FK Facades Limited

Third Defendant

UBS Triton General Partner Limited

Fourth Defendant

Procedural Posture

Contested Applications to Amend and Strike Out Pleadings in Commercial Construction Dispute / Interlocutory Applications (amendment, Strike Out, Summary Judgment)

Legal Issues

  1. 1 Whether the court should grant declaratory relief determining the performance required to satisfy a tenant's repairing obligations under a lease
  2. 2 Whether the claims against the defendants, including contingent claims for repair costs, are adequately pleaded
  3. 3 Whether the applications to amend, strike out, or for summary judgment should be granted

Ratio Decidendi

The claim for declaratory relief against the landlord (UBS Triton) is not justiciable as there is no crystallised dispute or positive case as to the works required; the lease allocates the risk to the tenant, and the court should not determine hypothetical obligations. The claims against Amec and FK are inadequately pleaded as they are contingent on a determination not yet made and lack a positive case as to remedial works and loss. However, OD is given a final opportunity to plead a proper case against Amec and FK.

Court Disposition

Claim against first and fourth defendants struck out; application to amend claim against second and third defendants adjourned with directions; costs awarded to defendants.

Orders

  • Claim against UBS Asset Management (UK) Limited struck out.
  • Claim against UBS Triton General Partner Limited struck out.