Tesco Stores Ltd. v Costain Construction Ltd & Ors [2003] EWHC 1487 (TCC) (02 July 2003)

Tesco Stores Ltd. v Costain Construction Ltd & Ors [2003] EWHC 1487 (TCC) (02 July 2003)

The preliminary issues concern whether a binding contract existed between Tesco and Costain, whether duties of care arose in contract and tort, and whether limitation bars the claims. The court finds that conduct and course of dealing may establish contractual obligations and estoppel may apply. Limitation issues depend on whether the contract is a specialty and when the cause of action accrued.

Citation
[2003] EWHC 1487 (TCC)
Parties
Claimant: Tesco Stores Limited; First Defendant: Costain Construction Limited; Second Defendant: Costain Limited; Third Defendant: Peter Hing and Jones; Fourth Defendant: Vale (UK) Limited; Fifth Defendant: Whitelight Industries Limited
Jurisdiction
England and Wales
Judgment Date
02 July 2003
Procedural Posture
Civil / Preliminary Issues Trial
Outcome
Preliminary issues determined; main trial to follow
Legal Topics
Limitation Period, Duty of Care, Implied Terms, Estoppel, Novation, Fire Safety, Negligence
Construction Law Contract Law Tort Law Limitation Period Duty of Care Implied Terms Estoppel Novation +2 more

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 5 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tesco Stores Limited

Claimant

Costain Construction Limited

First Defendant

Costain Limited

Second Defendant

Peter Hing and Jones

Third Defendant

Vale (UK) Limited

Fourth Defendant

Whitelight Industries Limited

Fifth Defendant

Procedural Posture

Civil / Preliminary Issues Trial

Legal Issues

  1. 1 Whether a binding contract existed between Tesco and Costain for the design and construction of the Redditch store
  2. 2 Whether Costain owed Tesco a duty of care in tort for design and construction
  3. 3 Whether PHJ owed Tesco duties of care in contract and tort

Ratio Decidendi

The preliminary issues concern whether a binding contract existed between Tesco and Costain, whether duties of care arose in contract and tort, and whether limitation bars the claims. The court finds that conduct and course of dealing may establish contractual obligations and estoppel may apply. Limitation issues depend on whether the contract is a specialty and when the cause of action accrued.

Court Disposition

Preliminary issues determined; main trial to follow

Orders

  • Permission granted to amend pleadings
  • Claims against Costain Limited discontinued