Co-Operative Group Ltd v Birse Developments Ltd [2013] EWHC 3145 (TCC) (17 October 2013)

Co-Operative Group Ltd v Birse Developments Ltd [2013] EWHC 3145 (TCC) (17 October 2013)

Permission to re-amend the Particulars of Claim is refused due to Co-op's failure to plead its real case in mid-2012, resulting in significant delay and prejudice, contrary to the overriding objective of expedition and proportionality.

Citation
[2013] EWHC 3145 (TCC)
Parties
Claimant: Co-operative Group Limited; Defendant: Birse Developments Limited (In Liquidation); Third Party: Stuarts Industrial Flooring Limited (In Administration); Fourth Party: Jubb & Partners (a firm)
Jurisdiction
England and Wales
Judgment Date
17 October 2013
Procedural Posture
Commercial Construction Dispute / Application to Re Amend Particulars of Claim
Outcome
Application to re-amend Particulars of Claim dismissed
Legal Topics
Amendment of Pleadings, Case Management, Damages for Breach of Contract, Overriding Objective, Delay and Prejudice
Civil Procedure Construction Law Amendment of Pleadings Case Management Damages for Breach of Contract Overriding Objective Delay and Prejudice

Case Brief

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Parties

Co-operative Group Limited

Claimant

Birse Developments Limited (In Liquidation)

Defendant

Stuarts Industrial Flooring Limited (In Administration)

Third Party

Jubb & Partners (a firm)

Fourth Party

Procedural Posture

Commercial Construction Dispute / Application to Re Amend Particulars of Claim

Legal Issues

  1. 1 Whether permission should be granted to re-amend the Particulars of Claim to plead enhanced damages for replacement of warehouse floor slabs
  2. 2 Whether the proposed amendment complies with the Court of Appeal's prior ruling
  3. 3 Whether delay and prejudice caused by repeated applications to amend justify refusal

Ratio Decidendi

Permission to re-amend the Particulars of Claim is refused due to Co-op's failure to plead its real case in mid-2012, resulting in significant delay and prejudice, contrary to the overriding objective of expedition and proportionality.

Court Disposition

Application to re-amend Particulars of Claim dismissed

Orders

  • Permission to re-amend Particulars of Claim refused
  • Costs consequences to be determined