JCB Power Systems Limited & Anor v Gnutti Carlo S.P.A

JCB Power Systems Limited & Anor v Gnutti Carlo S.P.A

The application to hear the CPR Part 18 request was refused because it would be unfair and unjust to proceed with insufficient notice to JCB, despite the application's apparent simplicity and prior awareness.

Parties
Claimant: JCB Power Systems Limited; Claimant: JCB Service; Defendant: Gnutti Carlo S. P. A; Defendant: Gnutti Carlo UK Limited; Defendant: Gnutti Carlo SPA; Defendant: Schaeffler (UK) Limited
Jurisdiction
England and Wales
Judgment Date
02 February 2026
Procedural Posture
Civil / Case Management Conference; Ruling on CPR Part 18 Application
Outcome
Application to hear CPR Part 18 request refused; directions for determination on paper within two weeks ordered.
Legal Topics
Case Management, CPR Part 18, Further Information, Notice Requirements
Civil Procedure Case Management CPR Part 18 Further Information Notice Requirements

Case Brief

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Parties

JCB Power Systems Limited

Claimant

JCB Service

Claimant

Gnutti Carlo S. P. A

Defendant

Gnutti Carlo UK Limited

Defendant

Gnutti Carlo SPA

Defendant

Schaeffler (UK) Limited

Defendant

Procedural Posture

Civil / Case Management Conference; Ruling on CPR Part 18 Application

Legal Issues

  1. 1 Whether the CPR Part 18 application for further information should be heard despite insufficient notice
  2. 2 Whether fairness and justice require adjournment of the application

Ratio Decidendi

The application to hear the CPR Part 18 request was refused because it would be unfair and unjust to proceed with insufficient notice to JCB, despite the application's apparent simplicity and prior awareness.

Court Disposition

Application to hear CPR Part 18 request refused; directions for determination on paper within two weeks ordered.

Orders

  • Application to be determined on paper within two weeks
  • Directions to be included in the order for timely determination