J & B Hopkins Limited v A & V Building Solution Limited

J & B Hopkins Limited v A & V Building Solution Limited

Claims for damages for mental distress are struck out as unsustainable in law. A&V's financial position justifies a stay of execution of the enforcement judgment to avoid manifest injustice, but does not justify a stay of proceedings in action 6 of 2023 or security for costs, as such orders would stifle an arguable claim. Remaining claims must be repleaded in a user-friendly format with proper particularisation.

Parties
Claimant: J & B Hopkins Limited; Defendant: A & V Building Solution Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Post Judgment Applications and Directions
Outcome
Claims for damages for mental distress and legal costs are struck out. Stay of execution of enforcement judgment granted. Stay of proceedings and security for costs refused. Action 6 of 2023 to proceed with directions to be determined.
Legal Topics
Adjudication Enforcement, Stay of Execution, Security for Costs, Strike Out Applications, Damages for Breach of Contract, Interest Claims
Construction Law Contract Law Civil Procedure Adjudication Enforcement Stay of Execution Security for Costs Strike Out Applications Damages for Breach of Contract +1 more

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Parties

J & B Hopkins Limited

Claimant

A & V Building Solution Limited

Defendant

Procedural Posture

Civil / Post Judgment Applications and Directions

Legal Issues

  1. 1 Compliance of amended pleading with court order
  2. 2 Particularisation and format of claims
  3. 3 Entitlement to damages for breach of contract

Ratio Decidendi

Claims for damages for mental distress are struck out as unsustainable in law. A&V's financial position justifies a stay of execution of the enforcement judgment to avoid manifest injustice, but does not justify a stay of proceedings in action 6 of 2023 or security for costs, as such orders would stifle an arguable claim. Remaining claims must be repleaded in a user-friendly format with proper particularisation.

Court Disposition

Claims for damages for mental distress and legal costs are struck out. Stay of execution of enforcement judgment granted. Stay of proceedings and security for costs refused. Action 6 of 2023 to proceed with directions to be determined.

Orders

  • Paragraphs 10.3 and 10.7 of the amended pleading are struck out.
  • A&V to replead surviving claims in a Scott Schedule format with proper particularisation.