Office Depot International (UK) Ltd v UBS Asset Management (UK) Ltd & Ors

Office Depot International (UK) Ltd v UBS Asset Management (UK) Ltd & Ors

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 court will not determine in the abstract what works may satisfy a repairing covenant. The claims against Amec and FK are inadequately pleaded as they are contingent on a determination not sought and do not identify a positive case as to remedial works or loss. The court strikes out the claims against the first and fourth defendants, refuses the current amendment against the second and third defendants, but grants OD a final opportunity to plead a proper case.

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
Civil (commercial/construction) / Interlocutory Applications (amendment of Pleadings, Strike Out, Summary Judgment)
Outcome
Claims against first and fourth defendants struck out; application to amend against second and third defendants adjourned with directions; permission to serve late replies granted; costs awarded to defendants.
Legal Topics
Declaratory Relief, Collateral Warranties, Repairing Covenants, Summary Judgment, Strike Out Applications, Limitation of Actions
Contract Law Landlord and Tenant Construction Law Declaratory Relief Collateral Warranties Repairing Covenants Summary Judgment Strike Out Applications +1 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

Civil (commercial/construction) / Interlocutory Applications (amendment of Pleadings, Strike Out, Summary Judgment)

Legal Issues

  1. 1 Whether the court should exercise discretion to grant declaratory relief determining the performance required to satisfy a tenant’s obligations under a commercial lease
  2. 2 Whether the claims against the defendants, including contingent claims for repair costs, are adequately pleaded
  3. 3 Whether the particulars of claim should be amended or struck out

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 court will not determine in the abstract what works may satisfy a repairing covenant. The claims against Amec and FK are inadequately pleaded as they are contingent on a determination not sought and do not identify a positive case as to remedial works or loss. The court strikes out the claims against the first and fourth defendants, refuses the current amendment against the second and third defendants, but grants OD a final opportunity to plead a proper case.

Court Disposition

Claims against first and fourth defendants struck out; application to amend against second and third defendants adjourned with directions; permission to serve late replies granted; costs awarded to defendants.

Orders

  • Claim against first defendant struck out.
  • Claim against fourth defendant struck out.