Co-Operative Group Ltd v Birse Developments Ltd & Ors

Co-Operative Group Ltd v Birse Developments Ltd & Ors

Permission to amend is granted in principle to allow the claimant to plead that already pleaded defects (such as thickness and joint issues) led to the decision or need to replace the slabs, provided adequate particulars are supplied. The amendments do not constitute a new cause of action precluded by the Court of Appeal's judgment, as they arise from the same facts and matters already in issue. Alternative claims for partial repair costs are also permissible, subject to the reasonableness and factual findings at trial.

Parties
Claimant: Co-Operative Group Limited; Defendant: Birse Developments Limited; Third Party: Stuarts Industrial Flooring Limited; Fourth Party: Jubb & Partners (a firm)
Jurisdiction
England and Wales
Judgment Date
27 June 2013
Procedural Posture
Civil (construction Dispute) / Application for Permission to Amend Pleadings
Outcome
Permission to amend granted (subject to conditions)
Legal Topics
Amendment of Pleadings, Damages for Breach of Contract, Causation, Measure of Damages, Concurrent Causes
Construction Law Contract Law Amendment of Pleadings Damages for Breach of Contract Causation Measure of Damages Concurrent Causes

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Parties

Co-Operative Group Limited

Claimant

Birse Developments Limited

Defendant

Stuarts Industrial Flooring Limited

Third Party

Jubb & Partners (a firm)

Fourth Party

Procedural Posture

Civil (construction Dispute) / Application for Permission to Amend Pleadings

Legal Issues

  1. 1 Whether the claimant should be granted permission to amend its pleadings to claim the cost of total replacement of warehouse floor slabs based on already pleaded defects (excluding steel fibre content)
  2. 2 Whether the proposed amendments constitute a new cause of action precluded by the Court of Appeal's earlier judgment
  3. 3 Whether the claimant can plead alternative claims for partial repair costs if total replacement is not recoverable

Ratio Decidendi

Permission to amend is granted in principle to allow the claimant to plead that already pleaded defects (such as thickness and joint issues) led to the decision or need to replace the slabs, provided adequate particulars are supplied. The amendments do not constitute a new cause of action precluded by the Court of Appeal's judgment, as they arise from the same facts and matters already in issue. Alternative claims for partial repair costs are also permissible, subject to the reasonableness and factual findings at trial.

Court Disposition

Permission to amend granted (subject to conditions)

Orders

  • Claimant to provide adequate particulars of the decision to replace the slabs, including how, why, when, in what terms, on what basis, and by whom the decision was taken.
  • Claimant to clarify and particularise the relevance of the 70KN loading requirement to the pleaded defects.