Plymouth South West Co-Operative Society Ltd. v ASM [2004] EWHC 2938 (TCC) (09 December 2004)

Plymouth South West Co-Operative Society Ltd. v ASM [2004] EWHC 2938 (TCC) (09 December 2004)

The claimant's pleadings and expert evidence regarding the damages figure of £6.7 million are presently inadequate and require further particularisation, but it would be disproportionate and contrary to the overriding objective to strike out the claim or debar the expert at this stage without first giving the claimant a final opportunity to amend and clarify its case. The application to strike out or debar is therefore adjourned, with directions for amendment and expert meetings to address the deficiencies.

Citation
[2004] EWHC 2938 (TCC)
Parties
Claimant: Plymouth South West Co-operative Society Ltd; Defendant: ASM
Jurisdiction
England and Wales
Judgment Date
09 December 2004
Procedural Posture
Civil (technology and Construction Court) / Interlocutory Application to Strike Out Parts of Claim And/or Debar Expert Evidence
Outcome
Application to strike out or debar adjourned; directions given for amendment and expert meetings; costs reserved.
Legal Topics
Breach of Contract, Negligence by Professionals (architects), Expert Evidence, Pleadings and Amendments, Case Management, Damages Assessment
Contract Law Professional Negligence Civil Procedure Breach of Contract Negligence by Professionals (architects) Expert Evidence Pleadings and Amendments Case Management +1 more

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Parties

Plymouth South West Co-operative Society Ltd

Claimant

ASM

Defendant

Procedural Posture

Civil (technology and Construction Court) / Interlocutory Application to Strike Out Parts of Claim And/or Debar Expert Evidence

Legal Issues

  1. 1 Whether the claimant's expert evidence and pleadings regarding damages are sufficiently particularised to proceed to trial
  2. 2 Whether the defendant is prejudiced by the claimant's failure to provide detailed breakdowns of the damages claim
  3. 3 Whether to strike out the £6.7 million damages figure or debar the claimant's expert from giving evidence

Ratio Decidendi

The claimant's pleadings and expert evidence regarding the damages figure of £6.7 million are presently inadequate and require further particularisation, but it would be disproportionate and contrary to the overriding objective to strike out the claim or debar the expert at this stage without first giving the claimant a final opportunity to amend and clarify its case. The application to strike out or debar is therefore adjourned, with directions for amendment and expert meetings to address the deficiencies.

Court Disposition

Application to strike out or debar adjourned; directions given for amendment and expert meetings; costs reserved.

Orders

  • Claimant to provide draft amendments to pleadings by 17 December to ensure consistency with expert report and detailed breakdown of the £6.7 million figure.
  • Quantity surveying experts to produce a Part 35 note of matters agreed and disagreed by 23 December, focusing on disputed items.