Plymouth South West Co-Operative Society Ltd. v ASM

Plymouth South West Co-Operative Society Ltd. v ASM

The court found that the Claimant's case and expert evidence were presently unsatisfactory and not in a state fit for trial, but declined to strike out the £6.7 million figure or debar the expert at this stage, instead ordering further amendments and clarification to pleadings and expert evidence to ensure consistency and adequate breakdown of the damages claim.

Parties
Claimant: Plymouth South West Co-operative Society Ltd; Defendant: ASM
Jurisdiction
England and Wales
Judgment Date
09 December 2004
Procedural Posture
Civil / Interlocutory Application (strike Out)
Outcome
Application to strike out adjourned; no strike out or debarring at this stage
Legal Topics
Breach of Contract, Negligence, Expert Evidence, Pleadings, Damages Assessment
Contract Law Professional Negligence Breach of Contract Negligence Expert Evidence Pleadings Damages Assessment

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 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Plymouth South West Co-operative Society Ltd

Claimant

ASM

Defendant

Procedural Posture

Civil / Interlocutory Application (strike Out)

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 £6.7 million damages figure should be struck out or the Claimant's expert debarred from giving evidence

Ratio Decidendi

The court found that the Claimant's case and expert evidence were presently unsatisfactory and not in a state fit for trial, but declined to strike out the £6.7 million figure or debar the expert at this stage, instead ordering further amendments and clarification to pleadings and expert evidence to ensure consistency and adequate breakdown of the damages claim.

Court Disposition

Application to strike out adjourned; no strike out or debarring at this stage

Orders

  • Claimant to provide draft amendments to pleadings by 17th December to ensure consistency with expert report and detailed breakdown of damages
  • Quantity surveying experts to produce a Part 35 note of matters agreed and disagreed by 23rd December