UK Highways A55 Ltd & Ors v Hyder Consulting (UK) Ltd & Ors [2012] EWHC 3505 (TCC) (06 December 2012)

UK Highways A55 Ltd & Ors v Hyder Consulting (UK) Ltd & Ors [2012] EWHC 3505 (TCC) (06 December 2012)

The time for service of the Particulars of Claim expired before the second stay was imposed; the Claimants' failure to serve was not justified by a de facto stay after June 2011. However, the Defendants acquiesced in the delay up to April 2012. Relief from sanctions is granted under CPR 3.9, but only on condition that the claim is confined to negligent design and not supervision, to mitigate prejudice caused by delay.

Citation
[2012] EWHC 3505 (TCC)
Parties
Claimant: UK Highways A55 Limited; Claimant: Carillion Construction Limited; Claimant: John Laing Construction Limited; Defendant: Hyder Consulting (UK) Limited; Defendant: Hyder Limited (In Voluntary Members Liquidation)
Jurisdiction
England and Wales
Judgment Date
06 December 2012
Procedural Posture
Civil (technology and Construction Court) / Interlocutory Applications: Summary Judgment/strike Out and Extension of Time for Service of Particulars of Claim
Outcome
Extension of time for service of Particulars of Claim granted on condition; claim confined to negligent design allegations only.
Legal Topics
Extension of Time for Service of Particulars of Claim, Effect of Stay of Proceedings on Time Limits, Relief From Sanctions Under CPR 3.9, Prejudice From Delay, Negligence in Design and Supervision, Limitation Periods
Civil Procedure Construction Law Extension of Time for Service of Particulars of Claim Effect of Stay of Proceedings on Time Limits Relief From Sanctions Under CPR 3.9 Prejudice From Delay Negligence in Design and Supervision Limitation Periods

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Parties

UK Highways A55 Limited

Claimant

Carillion Construction Limited

Claimant

John Laing Construction Limited

Claimant

Hyder Consulting (UK) Limited

Defendant

Hyder Limited (In Voluntary Members Liquidation)

Defendant

Procedural Posture

Civil (technology and Construction Court) / Interlocutory Applications: Summary Judgment/strike Out and Extension of Time for Service of Particulars of Claim

Legal Issues

  1. 1 Does a stay of proceedings abrogate or merely suspend time limits for service of Particulars of Claim?
  2. 2 Should the court grant an extension of time for service of Particulars of Claim after significant delay?
  3. 3 What is the appropriate relief or sanction for failure to serve Particulars of Claim within the prescribed period?

Ratio Decidendi

The time for service of the Particulars of Claim expired before the second stay was imposed; the Claimants' failure to serve was not justified by a de facto stay after June 2011. However, the Defendants acquiesced in the delay up to April 2012. Relief from sanctions is granted under CPR 3.9, but only on condition that the claim is confined to negligent design and not supervision, to mitigate prejudice caused by delay.

Court Disposition

Extension of time for service of Particulars of Claim granted on condition; claim confined to negligent design allegations only.

Orders

  • Claimants granted extension of time to serve Particulars of Claim, limited to negligent design allegations.
  • Allegations relating to supervision are disallowed from the Particulars of Claim.