Sarkesian & Anor v Hutton Construction Ltd [2023] EWHC 311 (TCC) (20 January 2023)

Sarkesian & Anor v Hutton Construction Ltd [2023] EWHC 311 (TCC) (20 January 2023)

The proposed amendments and reliance on new expert evidence amount to a radical change of focus in the case, requiring further disclosure and factual evidence, and would inevitably result in the loss of the trial date. The application was made very late without good reason, contrary to the overriding objective. The application is dismissed and costs awarded to the defendant on the standard basis.

Citation
[2023] EWHC 311 (TCC)
Parties
Claimant: Mr Sarkesian; Claimant: Mrs Mul; Defendant: Hutton Construction Limited
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Civil / Interlocutory Application (permission to Amend Claim and Rely on Expert Evidence)
Outcome
application dismissed
Legal Topics
Amendment of Pleadings, Expert Evidence, Case Management, Costs, Breach of Contract, JCT Contract, Latent Defects
Civil Procedure Construction Law Contract Law Amendment of Pleadings Expert Evidence Case Management Costs Breach of Contract +2 more

Case Brief

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Parties

Mr Sarkesian

Claimant

Mrs Mul

Claimant

Hutton Construction Limited

Defendant

Procedural Posture

Civil / Interlocutory Application (permission to Amend Claim and Rely on Expert Evidence)

Legal Issues

  1. 1 Whether to grant permission to amend the Particulars of Claim to introduce new causation arguments and claims for additional remedial costs
  2. 2 Whether to grant permission to rely on the expert report of Mr Taylor
  3. 3 Whether such amendments and evidence would necessitate vacating the trial date

Ratio Decidendi

The proposed amendments and reliance on new expert evidence amount to a radical change of focus in the case, requiring further disclosure and factual evidence, and would inevitably result in the loss of the trial date. The application was made very late without good reason, contrary to the overriding objective. The application is dismissed and costs awarded to the defendant on the standard basis.

Court Disposition

application dismissed

Orders

  • Claimants' application for permission to amend the Particulars of Claim and to rely on Mr Taylor's expert report is dismissed.
  • Claimants to pay the defendant's costs of the application on the standard basis, summarily assessed at £50,000.