Parkway Construction Ltd (In Liquidation) v Howard De Walden Estates Ltd [2014] EWHC 1533 (TCC) (15 May 2014)

Parkway Construction Ltd (In Liquidation) v Howard De Walden Estates Ltd [2014] EWHC 1533 (TCC) (15 May 2014)

Summary judgment was refused because the claims and cross-claims were fundamentally and irreconcilably disputed on the facts, making summary determination inappropriate. The Particulars of Claim were inadequate, and the application was wholly misconceived. The court found no basis to grant declaratory or monetary relief without a full trial of the factual issues.

Citation
[2014] EWHC 1533 (TCC)
Parties
Claimant: Parkway Construction Limited (in liquidation); Defendant: Howard De Walden Estates Limited
Jurisdiction
England and Wales
Judgment Date
15 May 2014
Procedural Posture
Summary Judgment Application (technology and Construction Court) / Application for Summary Judgment Prior to Defence and Counterclaim
Outcome
Application dismissed
Legal Topics
Summary Judgment, Extension of Time, Liquidated Damages, Contract Termination, Insolvency, Declaratory Relief, Costs (indemnity Basis)
Construction Law Civil Procedure Summary Judgment Extension of Time Liquidated Damages Contract Termination Insolvency Declaratory Relief +1 more

Case Brief

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Parties

Parkway Construction Limited (in liquidation)

Claimant

Howard De Walden Estates Limited

Defendant

Procedural Posture

Summary Judgment Application (technology and Construction Court) / Application for Summary Judgment Prior to Defence and Counterclaim

Legal Issues

  1. 1 Whether summary judgment should be granted for declaratory relief and monetary claims in the context of disputed construction contract facts
  2. 2 Whether the claimant is entitled to extension of time and/or loss and expense
  3. 3 Whether the defendant is entitled to liquidated damages and cross-claims

Ratio Decidendi

Summary judgment was refused because the claims and cross-claims were fundamentally and irreconcilably disputed on the facts, making summary determination inappropriate. The Particulars of Claim were inadequate, and the application was wholly misconceived. The court found no basis to grant declaratory or monetary relief without a full trial of the factual issues.

Court Disposition

Application dismissed

Orders

  • Application for summary judgment dismissed
  • Claimant to pay defendant's costs of and occasioned by the summary judgment application and hearing on an indemnity basis