Co-Operative Group Ltd v Birse Developments Ltd & Ors [2013] EWHC 3100 (TCC) (02 August 2013)

Co-Operative Group Ltd v Birse Developments Ltd & Ors [2013] EWHC 3100 (TCC) (02 August 2013)

Permission to re-amend the Particulars of Claim to plead a case for replacement of the warehouse floor slabs is refused because the claimant failed to provide adequate particulars as to how, why, when, in what terms, on what basis and by whom the decision to replace the slabs was taken, as previously ordered by the court. Allowing the amendment would risk circumventing the Court of Appeal's decision and would prejudice the fair and efficient conduct of the proceedings.

Citation
[2013] EWHC 3100 (TCC)
Parties
Claimant: Co-operative Group Limited; First Defendant: Birse Developments Limited; Second Defendant: Second Defendant; Third Defendant: Third Defendant
Jurisdiction
England and Wales
Judgment Date
02 August 2013
Procedural Posture
Civil (construction Dispute) / Application for Permission to Re Amend Particulars of Claim
Outcome
Application to re-amend Particulars of Claim refused in respect of replacement claim; limited permission granted for certain other amendments.
Legal Topics
Pleading Amendments, Remedial Works, Breach of Contract, Causation of Loss, Court of Appeal Precedent
Construction Law Contract Law Civil Procedure Pleading Amendments Remedial Works Breach of Contract Causation of Loss Court of Appeal Precedent

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Parties

Co-operative Group Limited

Claimant

Birse Developments Limited

First Defendant

Second Defendant

Second Defendant

Third Defendant

Third Defendant

Procedural Posture

Civil (construction Dispute) / Application for Permission to Re Amend Particulars of Claim

Legal Issues

  1. 1 Whether the claimant should be permitted to re-amend its Particulars of Claim to plead a case for replacement of warehouse floor slabs based on previously pleaded and new defects
  2. 2 Whether the claimant has provided adequate particulars as to how, why, when, in what terms, on what basis and by whom the decision to replace the floor slabs was taken
  3. 3 Whether the proposed amendments circumvent the Court of Appeal's earlier decision disallowing a new claim based on steel fibre content

Ratio Decidendi

Permission to re-amend the Particulars of Claim to plead a case for replacement of the warehouse floor slabs is refused because the claimant failed to provide adequate particulars as to how, why, when, in what terms, on what basis and by whom the decision to replace the slabs was taken, as previously ordered by the court. Allowing the amendment would risk circumventing the Court of Appeal's decision and would prejudice the fair and efficient conduct of the proceedings.

Court Disposition

Application to re-amend Particulars of Claim refused in respect of replacement claim; limited permission granted for certain other amendments.

Orders

  • Refusal of permission to re-amend to plead replacement of slabs.
  • Permission granted for limited amendments relating to saw cuts at required centres.