Reaction Engines Limited & Ors v A&H Construction and Developments PLC & Ors

Reaction Engines Limited & Ors v A&H Construction and Developments PLC & Ors

The proposed preliminary issues would not significantly reduce the scope of the main trial, would require extensive factual investigation overlapping with the main issues, and risked inconsistent findings. Therefore, they are not suitable for separate determination as preliminary issues.

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
12 November 2024
Procedural Posture
Civil (construction Dispute) / Application for 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

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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 Preliminary Issues at Costs and Case Management Conference

Legal Issues

  1. 1 Whether preliminary issues regarding practical completion and estoppel should be determined separately before trial
  2. 2 Whether the October 2018 Practical Completion Statement constituted practical completion for all purposes under the contract
  3. 3 Whether there was an oral agreement to treat the October 2018 statement as partial possession or sectional completion

Ratio Decidendi

The proposed preliminary issues would not significantly reduce the scope of the main trial, would require extensive factual investigation overlapping with the main issues, and risked inconsistent findings. Therefore, they are not suitable for separate determination as preliminary issues.

Court Disposition

Application for hearing of preliminary issues refused

Orders

  • No order for hearing of preliminary issues
  • Matter to proceed to full trial without separate determination of proposed preliminary issues