IES Utilities Group Ltd v British Telecommunications PLC [2025] EWHC 2996 (TCC) (09 October 2025)

IES Utilities Group Ltd v British Telecommunications PLC [2025] EWHC 2996 (TCC) (09 October 2025)

The particulars of claim are fundamentally deficient, fail to plead the case with sufficient clarity or detail, improperly seek to rely on inadmissible or irrelevant matters, and do not comply with procedural requirements. The appropriate course is to strike out the particulars of claim and require the claimant to...

Source-derived case information.

Citation
[2025] EWHC 2996 (TCC)
Parties
Claimant: IES Utilities Group Ltd; Defendant: British Telecommunications Plc
Jurisdiction
England and Wales
Judgment Date
09 October 2025
Procedural Posture
Strike Out / Summary Judgment Application / Interlocutory (application to Strike Out Particulars of Claim)
Outcome
Particulars of claim struck out with unless order; claim to be struck out if compliant particulars not served by specified date; adverse costs order against claimant.
Legal Topics
Pleading Requirements, Summary Judgment, Strike Out Applications, Variation by Conduct, Estoppel by Convention, Declaratory Relief, Contract Interpretation
Civil Procedure Contract Law Construction Law Pleading Requirements Summary Judgment Strike Out Applications Variation by Conduct Estoppel by Convention +2 more

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Parties

IES Utilities Group Ltd

Claimant

British Telecommunications Plc

Defendant

Procedural Posture

Strike Out / Summary Judgment Application / Interlocutory (application to Strike Out Particulars of Claim)

Legal Issues

  1. 1 Whether the particulars of claim are adequately pleaded and comply with procedural rules
  2. 2 Whether the claimant can rely on pre-contract and post-contract conduct to support its claim
  3. 3 Whether the claim for payment for poling gang time is sustainable under the contract

Ratio Decidendi

The particulars of claim are fundamentally deficient, fail to plead the case with sufficient clarity or detail, improperly seek to rely on inadmissible or irrelevant matters, and do not comply with procedural requirements. The appropriate course is to strike out the particulars of claim and require the claimant to serve a compliant replacement, failing which the claim will be struck out.

Court Disposition

Particulars of claim struck out with unless order; claim to be struck out if compliant particulars not served by specified date; adverse costs order against claimant.

Orders

  • Existing particulars of claim and response to request for further information struck out.
  • Unless compliant draft particulars of claim are filed and served by specified date, claim will be struck out.