Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2016] EWHC 3082 (TCC) (13 October 2016)

Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2016] EWHC 3082 (TCC) (13 October 2016)

The adjournment was necessitated by ICI's late disclosure of critical documents, which put MMT in an impossible position for trial preparation. ICI failed to accept a reasonable offer regarding adjournment and costs within the stipulated time. Therefore, ICI must pay MMT's costs of and arising from the adjournment and the application. Costs relating to the application for extension of time to serve witness statements are to be costs in the case.

Citation
[2016] EWHC 3082 (TCC)
Parties
Claimant: Imperial Chemical Industries Ltd; Defendant: Merit Merrell Technology Ltd
Jurisdiction
England and Wales
Judgment Date
13 October 2016
Procedural Posture
Civil / Interlocutory Application for Adjournment and Costs Order
Outcome
Application for adjournment granted; costs order made against ICI for adjournment and application; costs of witness statement extension application to be costs in the case.
Legal Topics
Adjournment of Trial, Disclosure Obligations, Costs Orders, Relief From Sanctions
Civil Procedure Construction Law Adjournment of Trial Disclosure Obligations Costs Orders Relief From Sanctions

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Parties

Imperial Chemical Industries Ltd

Claimant

Merit Merrell Technology Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application for Adjournment and Costs Order

Legal Issues

  1. 1 Whether the liability trial should be adjourned
  2. 2 Which party should bear the costs of the adjournment and related application
  3. 3 How to allocate costs for the application to extend time for witness statements

Ratio Decidendi

The adjournment was necessitated by ICI's late disclosure of critical documents, which put MMT in an impossible position for trial preparation. ICI failed to accept a reasonable offer regarding adjournment and costs within the stipulated time. Therefore, ICI must pay MMT's costs of and arising from the adjournment and the application. Costs relating to the application for extension of time to serve witness statements are to be costs in the case.

Court Disposition

Application for adjournment granted; costs order made against ICI for adjournment and application; costs of witness statement extension application to be costs in the case.

Orders

  • Liability trial adjourned to April next year.
  • ICI to pay MMT's costs of and arising from the adjournment and this application.