Equipe Regeneration Ltd v Higgins Construction Ltd & Ors

Equipe Regeneration Ltd v Higgins Construction Ltd & Ors

The extension of time for service of the Particulars of Claim was granted as the Claimant demonstrated reasonable grounds, including the need to review a large volume of documents and the impact of the public health crisis. The disclosure application was refused because the documents were not shown to be required for the proper performance of contractual obligations, the time for pre-action disclosure had passed, and the requirements for specific disclosure under CPR 31.12 were not met.

Parties
Claimant: Equipe Regeneration Limited; First Defendant: Higgins Construction Limited; Second Defendant: Higgins Group PLC; Third Defendant: Mott MacDonald Limited
Jurisdiction
England and Wales
Judgment Date
03 December 2020
Procedural Posture
Civil (construction/contract) / Interlocutory Applications (extension of Time and Disclosure)
Outcome
Extension of time granted; disclosure refused; costs in the case.
Legal Topics
Extension of Time for Service of Particulars, Disclosure of Documents, Pre Action Protocol, Costs
Civil Procedure Construction Law Contract Law Extension of Time for Service of Particulars Disclosure of Documents Pre Action Protocol Costs

Case Brief

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Parties

Equipe Regeneration Limited

Claimant

Higgins Construction Limited

First Defendant

Higgins Group PLC

Second Defendant

Mott MacDonald Limited

Third Defendant

Procedural Posture

Civil (construction/contract) / Interlocutory Applications (extension of Time and Disclosure)

Legal Issues

  1. 1 Whether to grant an extension of time for service of the Particulars of Claim
  2. 2 Whether to order disclosure of specified categories of documents from the First and Second Defendants
  3. 3 Appropriate costs order for the applications

Ratio Decidendi

The extension of time for service of the Particulars of Claim was granted as the Claimant demonstrated reasonable grounds, including the need to review a large volume of documents and the impact of the public health crisis. The disclosure application was refused because the documents were not shown to be required for the proper performance of contractual obligations, the time for pre-action disclosure had passed, and the requirements for specific disclosure under CPR 31.12 were not met.

Court Disposition

Extension of time granted; disclosure refused; costs in the case.

Orders

  • Extension of time for service of the Particulars of Claim to 11 March 2021, subject to service of a Pre Action Protocol letter by 8 January 2021 and liberty to apply for further extension at least 14 days before 11 March 2021.
  • No order for disclosure of the two remaining categories of documents sought.