Sheffield Teaching Hospitals NHS Foundation Trust v Hadfield Healthcare Partnerships Ltd & Ors [2023] EWHC 1364 (TCC) (12 May 2023)

Sheffield Teaching Hospitals NHS Foundation Trust v Hadfield Healthcare Partnerships Ltd & Ors [2023] EWHC 1364 (TCC) (12 May 2023)

Given the late stage of proceedings, the potential for disruption to trial preparation, the risk of appeal-induced delay, and the fact that the issues have already been determined as requiring a full trial, it is not just or consistent with the overriding objective to order a preliminary issues hearing.

Citation
[2023] EWHC 1364 (TCC)
Parties
Claimant: Sheffield Teaching Hospitals NHS Foundation Trust; Defendant/part 20 Claimant: Hadfield Healthcare Partnerships Limited; First Part 20 Defendant: Kajima Construction Europe (UK) Limited; Second Part 20 Defendant: Veolia Energy & Utility Services UK PLC
Jurisdiction
England and Wales
Judgment Date
12 May 2023
Procedural Posture
Application Within Ongoing TCC Proceedings / Application for Preliminary Issues Hearing and Expedition
Outcome
Application dismissed
Legal Topics
Preliminary Issues, Case Management, Limitation, Contractual Construction, Rectification
Civil Procedure Construction Law Contract Law Preliminary Issues Case Management Limitation Contractual Construction Rectification

Case Brief

Summary, issues, holding and outcome

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Parties

Sheffield Teaching Hospitals NHS Foundation Trust

Claimant

Hadfield Healthcare Partnerships Limited

Defendant/part 20 Claimant

Kajima Construction Europe (UK) Limited

First Part 20 Defendant

Veolia Energy & Utility Services UK PLC

Second Part 20 Defendant

Procedural Posture

Application Within Ongoing TCC Proceedings / Application for Preliminary Issues Hearing and Expedition

Legal Issues

  1. 1 Whether to order a preliminary issues hearing on (1) the Dispute Issue (scope of standstill agreement), (2) the Clause 9.7 Issue (limitation under construction contract), and (3) the Rectification Issue (rectification of standstill agreement)

Ratio Decidendi

Given the late stage of proceedings, the potential for disruption to trial preparation, the risk of appeal-induced delay, and the fact that the issues have already been determined as requiring a full trial, it is not just or consistent with the overriding objective to order a preliminary issues hearing.

Court Disposition

Application dismissed

Orders

  • Kajima's application for a preliminary issues hearing is dismissed.
  • Hadfield to have its costs in the case, not of the application.