Biddle & Company (a firm) v Tetra Pak Ltd & Ors [2010] EWHC 54 (Ch) (21 January 2010)

Biddle & Company (a firm) v Tetra Pak Ltd & Ors [2010] EWHC 54 (Ch) (21 January 2010)

The service of particulars of claim on other defendants, which do not make any claim against Biddle & Co, does not confine or abandon the claim against Biddle & Co as set out in the claim form. Therefore, serving particulars of claim on Biddle & Co does not constitute a new claim or new cause of action for limitation purposes. The CPR do not prohibit separate particulars of claim for different defendants, and the claim against Biddle & Co was within the scope of the original claim form. Even if an amendment were required, the facts pleaded do not arise out of substantially the same facts as those against the other defendants, but the claim is not time-barred as no new claim is introduced.

Citation
[2010] EWHC 54 (Ch)
Parties
Appellant (1st Defendant): Biddle & Company (A Firm); Respondent (claimant): Tetra Pak Limited; Respondent (claimant): Tetra Pak CPS Limited; Respondent (claimant): Tetra Pak Business Services Limited; Respondent (claimant): Tetra Pak Manufacturing (UK) Limited; Respondent (claimant): Tetra Pak Processing UK Limited; Respondent (claimant): Tetra Pak Moulded Packaging Systems Limited; Respondent (claimant): TPR Pension Services Limited
Jurisdiction
England and Wales
Judgment Date
21 January 2010
Procedural Posture
Appeal (chancery Division, High Court) / Judgment on Appeal From Order of Deputy Master Smith Regarding Service of Particulars of Claim and Limitation Issues
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Limitation of Actions, Amendment of Pleadings, Service of Particulars of Claim, Professional Negligence by Solicitors and Actuaries, Equalisation of Pension Benefits
Civil Procedure Professional Negligence Pensions Law Limitation of Actions Amendment of Pleadings Service of Particulars of Claim Professional Negligence by Solicitors and Actuaries Equalisation of Pension Benefits

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Parties

Biddle & Company (A Firm)

Appellant (1st Defendant)

Tetra Pak Limited

Respondent (claimant)

Tetra Pak CPS Limited

Respondent (claimant)

Tetra Pak Business Services Limited

Respondent (claimant)

Tetra Pak Manufacturing (UK) Limited

Respondent (claimant)

Tetra Pak Processing UK Limited

Respondent (claimant)

Tetra Pak Moulded Packaging Systems Limited

Respondent (claimant)

TPR Pension Services Limited

Respondent (claimant)

Procedural Posture

Appeal (chancery Division, High Court) / Judgment on Appeal From Order of Deputy Master Smith Regarding Service of Particulars of Claim and Limitation Issues

Legal Issues

  1. 1 Whether separate particulars of claim can be served on different defendants under the CPR
  2. 2 Whether the claim against Biddle & Co constitutes a 'new claim' for limitation purposes under the Limitation Act 1980 and CPR 17.4
  3. 3 Whether, if a new claim, it arises out of the same or substantially the same facts as already in issue

Ratio Decidendi

The service of particulars of claim on other defendants, which do not make any claim against Biddle & Co, does not confine or abandon the claim against Biddle & Co as set out in the claim form. Therefore, serving particulars of claim on Biddle & Co does not constitute a new claim or new cause of action for limitation purposes. The CPR do not prohibit separate particulars of claim for different defendants, and the claim against Biddle & Co was within the scope of the original claim form. Even if an amendment were required, the facts pleaded do not arise out of substantially the same facts as those against the other defendants, but the claim is not time-barred as no new claim is introduced.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • Permission to cross-appeal granted to Tetra Pak
  • Tetra Pak permitted to serve particulars of claim on Biddle & Co