Michael Sarkesian & Anor v Hutton Construction Limited

Michael Sarkesian & Anor v Hutton Construction Limited

The application to amend the Particulars of Claim and rely on further expert evidence was dismissed because the proposed amendments amounted to a radical change of focus, would require 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.

Parties
Claimant: Michael Sarkesian; Claimant: Oksana Mul; Defendant: Hutton Construction Limited
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Civil / Interlocutory Application for Permission to Amend Pleadings and Rely on Further Expert Evidence
Outcome
application dismissed
Legal Topics
Amendment of Pleadings, Expert Evidence, Case Management, Costs
Civil Procedure Construction Law Amendment of Pleadings Expert Evidence Case Management Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Sarkesian

Claimant

Oksana Mul

Claimant

Hutton Construction Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Permission to Amend Pleadings and Rely on Further Expert Evidence

Legal Issues

  1. 1 Whether to grant permission to amend the Particulars of Claim to introduce new causation arguments and claim for cost of replacing plywood
  2. 2 Whether to grant permission to rely on the expert report of Mr Taylor
  3. 3 Whether the proposed amendments amount to a new cause of action

Ratio Decidendi

The application to amend the Particulars of Claim and rely on further expert evidence was dismissed because the proposed amendments amounted to a radical change of focus, would require 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.

Court Disposition

application dismissed

Orders

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