Midal Cables Ltd v AMEC Foster Wheeler Group Ltd
Ordering preliminary issues in this case, where facts are not agreed or assumed, would lead to a disjointed trial at greater cost and expense. The application for preliminary issues fails as it does not meet the criteria set out in the TCC Guide and relevant case law.
- Parties
- Claimant/respondent: Midal Cables Limited; Defendant/applicant: AMEC Foster Wheeler Group Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 29 March 2019
- Procedural Posture
- Commercial Claim / Application for Preliminary Issues
- Outcome
- application for preliminary issues dismissed
- Legal Topics
- Battle of the Forms, Terms and Conditions, Preliminary Issues, Case Management
Case Brief
Summary, issues, holding and outcome
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Parties
Midal Cables Limited
Claimant/respondent
AMEC Foster Wheeler Group Limited
Defendant/applicant
Procedural Posture
Commercial Claim / Application for Preliminary Issues
Legal Issues
- 1 Whether preliminary issues should be ordered regarding which party's terms and conditions govern the supply contracts
- 2 Whether the Araucaria and Sorbus contracts were governed by AMEC's terms, Midal's terms, or a combination
- 3 Whether resolving preliminary issues would reduce scope, cost, or facilitate settlement
Ratio Decidendi
Ordering preliminary issues in this case, where facts are not agreed or assumed, would lead to a disjointed trial at greater cost and expense. The application for preliminary issues fails as it does not meet the criteria set out in the TCC Guide and relevant case law.
Court Disposition
application for preliminary issues dismissed
Orders
- No preliminary issues will be ordered.
Full Case Text
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