Alfred McaLpine Capital Projects Ltd v Siac Construction (UK) Ltd & Ors

Alfred McaLpine Capital Projects Ltd v Siac Construction (UK) Ltd & Ors

A stay of the Part 20 proceedings against Norman is refused because, despite non-compliance with the Protocol, Norman received substantial information, the Protocol process would not have achieved more, and a stay would jeopardise the trial timetable; any prejudice to Norman can be compensated by costs. McAlpine is permitted to join Norman as a defendant, with any timetable issues to be addressed after service of amended particulars of claim.

Parties
Claimant: Alfred McAlpine Capital Projects Limited (formerly Alfred McAlpine Construction Limited); First Defendant / Part 20 Claimant: SIAC Construction (UK) Limited; Second Defendant / Part 20 Claimant: SIAC Construction Limited; Third Defendant / Part 20 Defendant: Norman & Dawbarn Limited (in creditors' voluntary liquidation); Fourth 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
Civil (construction and Engineering Dispute) / Interlocutory Applications: (1) Stay of Part 20 Proceedings Pending Protocol Compliance; (2) Application to Join Additional Defendant
Outcome
Norman's application for a stay of the Part 20 proceedings is refused; McAlpine's application to join Norman as a defendant is granted.
Legal Topics
Pre Action Protocol Compliance, Joinder of Parties, Case Management, Contribution Proceedings, Costs Sanctions
Civil Procedure Construction Law Pre Action Protocol Compliance Joinder of Parties Case Management Contribution Proceedings Costs Sanctions

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Parties

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

Claimant

SIAC Construction (UK) Limited

First Defendant / Part 20 Claimant

SIAC Construction Limited

Second Defendant / Part 20 Claimant

Norman & Dawbarn Limited (in creditors' voluntary liquidation)

Third Defendant / Part 20 Defendant

White Young Green Consulting Limited

Fourth Defendant / Part 20 Defendant

Powell Tolner & Associates

Part 20 Defendant

Parker Design Associates

Part 20 Defendant

Procedural Posture

Civil (construction and Engineering Dispute) / Interlocutory Applications: (1) Stay of Part 20 Proceedings Pending Protocol Compliance; (2) Application to Join 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 non-compliance with the Protocol

Ratio Decidendi

A stay of the Part 20 proceedings against Norman is refused because, despite non-compliance with the Protocol, Norman received substantial information, the Protocol process would not have achieved more, and a stay would jeopardise the trial timetable; any prejudice to Norman can be compensated by costs. McAlpine is permitted to join Norman as a defendant, with any timetable issues to be addressed after service of amended particulars of claim.

Court Disposition

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

Orders

  • No stay of Part 20 proceedings against Norman or Powell Tolner.
  • McAlpine granted permission to join Norman as defendant in the main action.