Bam Glory Mill Ltd v Balicrest Ltd & Anor [2018] EWHC 3926 (TCC) (3 October 2018)

Bam Glory Mill Ltd v Balicrest Ltd & Anor [2018] EWHC 3926 (TCC) (3 October 2018)

The particulars of claim, supplemented by further information, now sufficiently identify the nature and location of alleged obstructions and the basis for breach. The claim is not speculative or abusive as in Nomura; criticisms of initial lack of particularity do not justify strike out. Claimant must further particularise allocation of responsibility and loss.

Citation
[2018] EWHC 3926 (TCC)
Parties
Claimant: BAM Glory Mill Limited; Defendant: Balicrest Limited; Defendant: McGee Civil Engineering Limited
Jurisdiction
England and Wales
Judgment Date
03 October 2018
Procedural Posture
Civil / Application to Strike Out Particulars of Claim or for Further Information
Outcome
Application to strike out refused
Legal Topics
Collateral Warranties, Limitation Period, Strike Out Applications, Particularisation of Claims, Abuse of Process
Construction Law Contract Law Collateral Warranties Limitation Period Strike Out Applications Particularisation of Claims Abuse of Process

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

Parties

BAM Glory Mill Limited

Claimant

Balicrest Limited

Defendant

McGee Civil Engineering Limited

Defendant

Procedural Posture

Civil / Application to Strike Out Particulars of Claim or for Further Information

Legal Issues

  1. 1 Whether particulars of claim should be struck out for lack of reasonable grounds or abuse
  2. 2 Whether further information provided by claimant cures defects
  3. 3 Whether claims are time-barred

Ratio Decidendi

The particulars of claim, supplemented by further information, now sufficiently identify the nature and location of alleged obstructions and the basis for breach. The claim is not speculative or abusive as in Nomura; criticisms of initial lack of particularity do not justify strike out. Claimant must further particularise allocation of responsibility and loss.

Court Disposition

Application to strike out refused

Orders

  • Claimant to particularise, for each defendant and each item, whether breach is alleged and supporting facts.
  • Claimant to state full details of loss and damage claimed for each defendant.