Co-Operative Group Ltd v Birse Developments Ltd & Ors [2013] EWHC 1790 (TCC) (27 June 2013)

Co-Operative Group Ltd v Birse Developments Ltd & Ors [2013] EWHC 1790 (TCC) (27 June 2013)

Permission to amend is granted in principle for the claimant to plead that already pleaded defects (such as thickness and joint issues) led to the decision or need to replace the slabs, as this does not constitute a new cause of action precluded by the Court of Appeal judgment. The amendments are subject to the claimant providing adequate particularisation of the decision-making process and clarifying the relevance of the 70KN loading requirement. Alternative claims for partial replacement costs are allowed as reasonably arguable and fact-dependent.

Citation
[2013] EWHC 1790 (TCC)
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 Post Court of Appeal Decision
Outcome
Permission to amend granted in principle, subject to further particularisation and clarification as directed.
Legal Topics
Pleading Amendments, Damages for Breach of Contract, Causation, Remedial Works, Limitation of Actions
Construction Law Contract Law Civil Procedure Pleading Amendments Damages for Breach of Contract Causation Remedial Works Limitation of Actions

Case Brief

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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 Post Court of Appeal Decision

Legal Issues

  1. 1 Whether the claimant may amend its pleadings to claim for total replacement costs of warehouse floor slabs based on previously pleaded defects (excluding steel fibre content)
  2. 2 Whether the proposed amendments constitute a new cause of action precluded by the Court of Appeal judgment
  3. 3 Whether alternative claims for partial replacement costs are legally sustainable

Ratio Decidendi

Permission to amend is granted in principle for the claimant to plead that already pleaded defects (such as thickness and joint issues) led to the decision or need to replace the slabs, as this does not constitute a new cause of action precluded by the Court of Appeal judgment. The amendments are subject to the claimant providing adequate particularisation of the decision-making process and clarifying the relevance of the 70KN loading requirement. Alternative claims for partial replacement costs are allowed as reasonably arguable and fact-dependent.

Court Disposition

Permission to amend granted in principle, subject to further particularisation and clarification as directed.

Orders

  • Claimant to provide adequate particulars of the decision to replace the floor slabs within 21 days.
  • Claimant to clarify the basis of the decision in Paragraph 83G of the draft Amended Schedule of Loss.