BioConstruct Ltd v Grays Thurrock Properties Ltd

BioConstruct Ltd v Grays Thurrock Properties Ltd

BioConstruct's interpretation of 'immediately preceding' is supported by authority and gives it a real prospect of success; the Application to strike out or summarily dismiss the claim is dismissed as the claim is properly pleaded and not doomed to failure.

Parties
Claimant: BioConstruct Ltd; Defendant: Grays Thurrock Properties Ltd
Jurisdiction
England and Wales
Judgment Date
28 November 2025
Procedural Posture
Strike Out Application / Interlocutory Application Before Trial
Outcome
Application dismissed
Legal Topics
Milestone Contracts, Summary Judgment, Strike Out Applications, Pleading Requirements, Interpretation of Contractual Terms
Contract Law Construction Law Milestone Contracts Summary Judgment Strike Out Applications Pleading Requirements Interpretation of Contractual Terms

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Parties

BioConstruct Ltd

Claimant

Grays Thurrock Properties Ltd

Defendant

Procedural Posture

Strike Out Application / Interlocutory Application Before Trial

Legal Issues

  1. 1 Whether BioConstruct's claim for payment under Milestone 14 and subsequent milestones should be struck out or summarily dismissed
  2. 2 Whether the interpretation of 'immediately preceding' in the Subcontract precludes BioConstruct's claim
  3. 3 Whether matters pleaded in the Reply can remedy deficiencies in the Particulars of Claim

Ratio Decidendi

BioConstruct's interpretation of 'immediately preceding' is supported by authority and gives it a real prospect of success; the Application to strike out or summarily dismiss the claim is dismissed as the claim is properly pleaded and not doomed to failure.

Court Disposition

Application dismissed

Orders

  • Application for strike out and/or summary judgment is dismissed
  • Costs to be agreed or determined by the Court if not agreed