Highways England Company Limited v BG Rodwell Ltd & Ors

Highways England Company Limited v BG Rodwell Ltd & Ors

The Claimant had standing to sue due to transfer of title and causes of action under the Infrastructure Act 2015; the claim was sufficiently pleaded and not bound to fail, so strike out and summary judgment were refused. Relief from sanction for late costs budget was granted, and permission to amend Particulars of Claim was allowed as no new cause of action was introduced and the amendment arose from the same facts.

Parties
Claimant: Highways England Company Limited; First Defendant: B. G. Rodwell Limited; Second Defendant: Robert Cheadle; Third Defendant: Allianz Insurance PLC
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Civil Claim / Ruling on Applications (strike Out, Relief From Sanction, Amendment)
Outcome
Defendant's application to strike out dismissed; Claimant's applications for relief from sanction and permission to amend allowed.
Legal Topics
Negligence, Vicarious Liability, Standing to Sue, Amendment of Pleadings, Relief From Sanctions, Summary Judgment, Strike Out
Tort Civil Procedure Negligence Vicarious Liability Standing to Sue Amendment of Pleadings Relief From Sanctions Summary Judgment +1 more

Case Brief

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Parties

Highways England Company Limited

Claimant

B. G. Rodwell Limited

First Defendant

Robert Cheadle

Second Defendant

Allianz Insurance PLC

Third Defendant

Procedural Posture

Civil Claim / Ruling on Applications (strike Out, Relief From Sanction, Amendment)

Legal Issues

  1. 1 Whether the Claimant had standing to sue for damage to the bridge caused by the Defendants
  2. 2 Whether the claim should be struck out or summary judgment granted for lack of duty owed to the Claimant
  3. 3 Whether the Claimant should be granted relief from sanction for late filing of costs budget

Ratio Decidendi

The Claimant had standing to sue due to transfer of title and causes of action under the Infrastructure Act 2015; the claim was sufficiently pleaded and not bound to fail, so strike out and summary judgment were refused. Relief from sanction for late costs budget was granted, and permission to amend Particulars of Claim was allowed as no new cause of action was introduced and the amendment arose from the same facts.

Court Disposition

Defendant's application to strike out dismissed; Claimant's applications for relief from sanction and permission to amend allowed.

Orders

  • Defendant's Application dated 14th June 2016 dismissed.
  • Claimant's Application dated 24th June 2016 for relief from sanction allowed (Claimant to bear own costs).