Equipe Regeneration Ltd v Higgins Construction Ltd & Ors [2020] EWHC 3293 (TCC) (03 December 2020)

Equipe Regeneration Ltd v Higgins Construction Ltd & Ors [2020] EWHC 3293 (TCC) (03 December 2020)

The extension of time for service of the Particulars of Claim was granted due to the extensive and reasonable need for further investigation and the agreement of the third defendant, subject to conditions regarding the Pre-Action Protocol letter and application deadlines. Disclosure was refused because the requirements for disclosure under the contract and CPR 31.12 were not met, the documents were not shown to be necessary at this stage, and some either did not exist or had already been provided.

Citation
[2020] EWHC 3293 (TCC)
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 / 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 of Claim, Disclosure of Documents, Pre Action Protocol, Costs Orders
Construction Law Civil Procedure Extension of Time for Service of Particulars of Claim Disclosure of Documents Pre Action Protocol Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Equipe Regeneration Limited

Claimant

Higgins Construction Limited

First Defendant

Higgins Group PLC

Second Defendant

Mott MacDonald Limited

Third Defendant

Procedural Posture

Civil / Interlocutory Applications (extension of Time and Disclosure)

Legal Issues

  1. 1 Whether the claimant should be granted an extension of time for service of the Particulars of Claim
  2. 2 Whether the claimant is entitled to disclosure of certain categories of documents from the first and second defendants

Ratio Decidendi

The extension of time for service of the Particulars of Claim was granted due to the extensive and reasonable need for further investigation and the agreement of the third defendant, subject to conditions regarding the Pre-Action Protocol letter and application deadlines. Disclosure was refused because the requirements for disclosure under the contract and CPR 31.12 were not met, the documents were not shown to be necessary at this stage, and some either did not exist or had already been provided.

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 best endeavours to serve the Pre-Action Protocol letter by 8 January 2021.
  • Liberty to apply for further extension not later than 14 days before 11 March 2021, reserved to the same judge.