J & B Hopkins Ltd v A & V Building Solution Ltd [2023] EWHC 2475 (TCC) (06 October 2023)

J & B Hopkins Ltd v A & V Building Solution Ltd [2023] EWHC 2475 (TCC) (06 October 2023)

Claims for legal costs and mental distress are struck out as unsustainable in law. Remaining claims may proceed but must be re-pleaded in a user-friendly format with proper particularisation. A&V's financial position does not justify a stay of execution; enforcement of adjudicator's decision is strongly favoured. Security for costs and stay of action 6 of 2023 are not granted at this stage, but A&V must amend its pleading as directed.

Citation
[2023] EWHC 2475 (TCC)
Parties
Claimant: J & B Hopkins Limited; Defendant: A & V Building Solution Limited
Jurisdiction
England and Wales
Judgment Date
06 October 2023
Procedural Posture
Commercial Construction Dispute / Post Summary Judgment; Applications for Stay of Execution, Security for Costs, and Strike Out/amendment of Pleadings
Outcome
Claims for legal costs and mental distress struck out; remaining claims permitted subject to amendment and further particulars. No stay of execution granted. Security for costs and stay of action 6 of 2023 not granted at this stage.
Legal Topics
Adjudication Enforcement, Stay of Execution, Security for Costs, Strike Out/amendment of Pleadings, Damages for Breach of Contract, Interest Claims, Loss of Profits, Mental Distress Damages
Construction Law Contract Law Civil Procedure Adjudication Enforcement Stay of Execution Security for Costs Strike Out/amendment of Pleadings Damages for Breach of Contract +3 more

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 4 Authorities cited 20 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

J & B Hopkins Limited

Claimant

A & V Building Solution Limited

Defendant

Procedural Posture

Commercial Construction Dispute / Post Summary Judgment; Applications for Stay of Execution, Security for Costs, and Strike Out/amendment of Pleadings

Legal Issues

  1. 1 Whether A&V's amended pleading complies with court orders and CPR
  2. 2 Whether certain heads of claim (legal costs, mental distress) are legally sustainable
  3. 3 Whether A&V is entitled to a stay of execution of the enforcement judgment

Ratio Decidendi

Claims for legal costs and mental distress are struck out as unsustainable in law. Remaining claims may proceed but must be re-pleaded in a user-friendly format with proper particularisation. A&V's financial position does not justify a stay of execution; enforcement of adjudicator's decision is strongly favoured. Security for costs and stay of action 6 of 2023 are not granted at this stage, but A&V must amend its pleading as directed.

Court Disposition

Claims for legal costs and mental distress struck out; remaining claims permitted subject to amendment and further particulars. No stay of execution granted. Security for costs and stay of action 6 of 2023 not granted at this stage.

Orders

  • Paragraphs 10.3 and 10.7 of A&V's pleading struck out.
  • A&V to file and serve CPR-compliant Amended Particulars of Claim in action 6 of 2023.