Travis Perkins Trading Company Ltd v Caerphilly County Borough Council

Travis Perkins Trading Company Ltd v Caerphilly County Borough Council

The Brief Details of Claim, when interpreted in the context of contemporaneous correspondence and applications, were sufficient to cover the complaints later pleaded in the Particulars of Claim. The claim was brought within the limitation period, and the pleaded claims are not statute barred.

Source-derived case information.

Parties
Claimant: Travis Perkins Trading Company Limited; Defendant: Caerphilly County Borough Council
Jurisdiction
England and Wales
Judgment Date
15 May 2014
Procedural Posture
Civil Public Procurement / Preliminary Issues Determination
Outcome
Preliminary issues determined in favour of the Claimant; claim not statute barred; costs awarded to Claimant.
Legal Topics
Limitation Periods, Equality and Non Discrimination in Tendering, Content of Claim Form, Summary Assessment of Costs
Public Procurement Civil Procedure Limitation Periods Equality and Non Discrimination in Tendering Content of Claim Form Summary Assessment of Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Travis Perkins Trading Company Limited

Claimant

Caerphilly County Borough Council

Defendant

Procedural Posture

Civil Public Procurement / Preliminary Issues Determination

Legal Issues

  1. 1 Whether the Brief Details of Claim on the Claim Form were sufficient to cover the claims later pleaded in the Particulars of Claim
  2. 2 Whether the claim as pleaded is statute barred under regulation 47D(2) of the Public Contracts Regulations 2006

Ratio Decidendi

The Brief Details of Claim, when interpreted in the context of contemporaneous correspondence and applications, were sufficient to cover the complaints later pleaded in the Particulars of Claim. The claim was brought within the limitation period, and the pleaded claims are not statute barred.

Court Disposition

Preliminary issues determined in favour of the Claimant; claim not statute barred; costs awarded to Claimant.

Orders

  • The Defendant shall pay the Claimant's costs of and occasioned by the preliminary issues, assessed in the sum of £45,000, to be paid within 14 days.