Reaction Engines Ltd v BNP Paribas Depository Services (Jersey) Ltd & Anor [2024] EWHC 3204 (TCC) (23 July 2024)

Reaction Engines Ltd v BNP Paribas Depository Services (Jersey) Ltd & Anor [2024] EWHC 3204 (TCC) (23 July 2024)

The proposed preliminary issues were unsuitable for separate determination because they would not materially reduce the scope of the main trial, would require extensive factual investigation overlapping with the main issues, and risked inconsistent findings. The construction of the relevant contract clause did not support a conclusive effect as argued by the applicant.

Citation
[2024] EWHC 3204 (TCC)
Parties
Claimant: Reaction Engines Limited; Defendant / Part 20 Claimant: BNP Paribas Depository Services (Jersey) Limited (formerly BNP Paribas Securities Services Trust Company (Jersey) Limited); Defendant / Part 20 Claimant: BNP Paribas Depositary Services Limited (formerly BNP Paribas Securities Services Trust Company Limited); Third Party: A&H Construction and Developments PLC; Fourth Party: Michael Bradbrook Consultants Limited; Fifth Party: Feasibility Limited
Jurisdiction
England and Wales
Judgment Date
23 July 2024
Procedural Posture
Civil Construction Dispute / Application for Hearing of Preliminary Issues at Costs and Case Management Conference
Outcome
Application for hearing of preliminary issues refused
Legal Topics
Preliminary Issues, Practical Completion, Estoppel, Interpretation of Contract Clauses, Case Management
Construction Law Contract Law Civil Procedure Preliminary Issues Practical Completion Estoppel Interpretation of Contract Clauses Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Reaction Engines Limited

Claimant

BNP Paribas Depository Services (Jersey) Limited (formerly BNP Paribas Securities Services Trust Company (Jersey) Limited)

Defendant / Part 20 Claimant

BNP Paribas Depositary Services Limited (formerly BNP Paribas Securities Services Trust Company Limited)

Defendant / Part 20 Claimant

A&H Construction and Developments PLC

Third Party

Michael Bradbrook Consultants Limited

Fourth Party

Feasibility Limited

Fifth Party

Procedural Posture

Civil Construction Dispute / Application for Hearing of Preliminary Issues at Costs and Case Management Conference

Legal Issues

  1. 1 Whether practical completion was deemed to have occurred on 18 October 2018 under the Design and Build Contract
  2. 2 Whether there was an oral agreement to treat the October 2018 Practical Completion Statement as a partial possession or sectional completion certificate
  3. 3 Whether A&H was estopped from relying on the 19 October 2018 document as a valid certificate under clause 2.27

Ratio Decidendi

The proposed preliminary issues were unsuitable for separate determination because they would not materially reduce the scope of the main trial, would require extensive factual investigation overlapping with the main issues, and risked inconsistent findings. The construction of the relevant contract clause did not support a conclusive effect as argued by the applicant.

Court Disposition

Application for hearing of preliminary issues refused

Orders

  • No order for hearing of preliminary issues
  • Proceed to full trial without preliminary issues