Neath Port Talbot County Borough Council v Currie & Brown Project Management Ltd & Anor.

Neath Port Talbot County Borough Council v Currie & Brown Project Management Ltd & Anor.

The application to transfer the proceedings to London was refused because Bristol is a convenient and appropriate venue, and there was no sufficient evidence to justify transfer. The application for assignment to a High Court judge was granted in principle due to the size, complexity, and importance of the case, but...

Source-derived case information.

Parties
Claimant: Neath Port Talbot County Borough Council; Defendant: Currie & Brown Project Management Limited; Defendant: Currie & Brown Consulting Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2008
Procedural Posture
Civil (technology and Construction Court) / Interlocutory Application (transfer and Assignment of Judge)
Outcome
Application to transfer refused; application for assignment to High Court judge granted with directions.
Legal Topics
Transfer of Proceedings, Assignment of Judge, Case Management, Professional Negligence, Rectification of Contract
Civil Procedure Construction Law Professional Negligence Transfer of Proceedings Assignment of Judge Case Management Rectification of Contract

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Parties

Neath Port Talbot County Borough Council

Claimant

Currie & Brown Project Management Limited

Defendant

Currie & Brown Consulting Limited

Defendant

Procedural Posture

Civil (technology and Construction Court) / Interlocutory Application (transfer and Assignment of Judge)

Legal Issues

  1. 1 Whether the proceedings should be transferred from Bristol District Registry to London TCC
  2. 2 Whether the case should be assigned to a High Court judge (HCJ)

Ratio Decidendi

The application to transfer the proceedings to London was refused because Bristol is a convenient and appropriate venue, and there was no sufficient evidence to justify transfer. The application for assignment to a High Court judge was granted in principle due to the size, complexity, and importance of the case, but general case management will remain with the principal TCC judge in Bristol.

Court Disposition

Application to transfer refused; application for assignment to High Court judge granted with directions.

Orders

  • Proceedings to remain in Bristol District Registry.
  • Case to be tried by a High Court judge.