Aceramais Holdings Ltd v Hadleigh Partnerships Ltd [2009] EWHC 1664 (TCC) (8 July 2009)

Aceramais Holdings Ltd v Hadleigh Partnerships Ltd [2009] EWHC 1664 (TCC) (8 July 2009)

There was a contract in writing between Aceramais and HPL on the JCT 2005 Design & Build standard form dated 14 March 2008, satisfying section 107 HGCRA. The claim stood struck out for failure to comply with the disclosure order, and even if not, the court would have declined to grant the declaration sought as the...

Source-derived case information.

Citation
[2009] EWHC 1664 (TCC)
Parties
Claimant: Aceramais Holdings Limited; Defendant: Hadleigh Partnerships Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2009
Procedural Posture
Civil (technology & Construction Court) / Trial Judgment
Outcome
Claim struck out; relief refused
Legal Topics
Written Construction Contracts, Adjudication Jurisdiction, Disclosure Obligations, Declaratory Relief, Strike Out for Non Compliance
Construction Law Contract Law Civil Procedure Written Construction Contracts Adjudication Jurisdiction Disclosure Obligations Declaratory Relief Strike Out for Non Compliance

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Aceramais Holdings Limited

Claimant

Hadleigh Partnerships Limited

Defendant

Procedural Posture

Civil (technology & Construction Court) / Trial Judgment

Legal Issues

  1. 1 Whether there was a contract in writing within the meaning of section 107 Housing Grants, Construction and Regeneration Act 1996
  2. 2 Whether the claim should be struck out for failure to comply with a disclosure order
  3. 3 Whether the court should grant declaratory relief as sought by the claimant

Ratio Decidendi

There was a contract in writing between Aceramais and HPL on the JCT 2005 Design & Build standard form dated 14 March 2008, satisfying section 107 HGCRA. The claim stood struck out for failure to comply with the disclosure order, and even if not, the court would have declined to grant the declaration sought as the case was not exceptional and declaratory relief was inappropriate.

Court Disposition

Claim struck out; relief refused

Orders

  • Claim struck out for failure to comply with disclosure order dated 17 April 2009
  • Declaration sought by claimant refused