Alfred McaLpine Capital Projects Ltd v Siac Construction (UK) Ltd & Ors [2005] EWHC 3139 (TCC) (19 December 2005)

Alfred McaLpine Capital Projects Ltd v Siac Construction (UK) Ltd & Ors [2005] EWHC 3139 (TCC) (19 December 2005)

A stay of the Part 20 proceedings is refused because, despite non-compliance with the Protocol, Norman received substantial information, a stay would jeopardise the trial date, and any prejudice can be addressed by costs. Permission is granted for McAlpine to join Norman as a defendant in the main action, with any timetable adjustments to be considered after service of amended particulars of claim.

Citation
[2005] EWHC 3139 (TCC)
Parties
Claimant: Alfred McAlpine Capital Projects Limited (formerly Alfred McAlpine Construction Limited); Defendant / Part 20 Claimant: SIAC Construction (UK) Limited; Defendant / Part 20 Claimant: SIAC Construction Limited; Defendant / Part 20 Defendant: Norman & Dawbarn Limited (in creditors' voluntary liquidation); Defendant / Part 20 Defendant: White Young Green Consulting Limited; Part 20 Defendant: Powell Tolner & Associates; Part 20 Defendant: Parker Design Associates
Jurisdiction
England and Wales
Judgment Date
19 December 2005
Procedural Posture
Technology and Construction Court Multi Party Construction Dispute / Interlocutory Applications: (1) Stay of Part 20 Proceedings Pending Protocol Compliance; (2) Joinder of Additional Defendant
Outcome
Norman's application for a stay of Part 20 proceedings is refused. McAlpine's application to join Norman as a defendant in the main action is granted.
Legal Topics
Pre Action Protocol Compliance, Joinder of Parties, Case Management, Contribution Proceedings, Stay of Proceedings
Civil Procedure Construction Law Pre Action Protocol Compliance Joinder of Parties Case Management Contribution Proceedings Stay of Proceedings

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Parties

Alfred McAlpine Capital Projects Limited (formerly Alfred McAlpine Construction Limited)

Claimant

SIAC Construction (UK) Limited

Defendant / Part 20 Claimant

SIAC Construction Limited

Defendant / Part 20 Claimant

Norman & Dawbarn Limited (in creditors' voluntary liquidation)

Defendant / Part 20 Defendant

White Young Green Consulting Limited

Defendant / Part 20 Defendant

Powell Tolner & Associates

Part 20 Defendant

Parker Design Associates

Part 20 Defendant

Procedural Posture

Technology and Construction Court Multi Party Construction Dispute / Interlocutory Applications: (1) Stay of Part 20 Proceedings Pending Protocol Compliance; (2) Joinder of Additional Defendant

Legal Issues

  1. 1 Whether a stay of Part 20 proceedings should be granted for non-compliance with the Pre-action Protocol
  2. 2 Whether the claimant should be permitted to join Norman & Dawbarn Limited as a defendant in the main action despite Protocol non-compliance

Ratio Decidendi

A stay of the Part 20 proceedings is refused because, despite non-compliance with the Protocol, Norman received substantial information, a stay would jeopardise the trial date, and any prejudice can be addressed by costs. Permission is granted for McAlpine to join Norman as a defendant in the main action, with any timetable adjustments to be considered after service of amended particulars of claim.

Court Disposition

Norman's application for a stay of Part 20 proceedings is refused. McAlpine's application to join Norman as a defendant in the main action is granted.

Orders

  • Refusal of stay of Part 20 proceedings against Norman & Dawbarn Limited.
  • Permission granted for McAlpine to join Norman & Dawbarn Limited as a defendant in the main action.