Artcrafts International SpA v Mou Ltd [2025] EWHC 1298 (KB) (29 April 2025)

Artcrafts International SpA v Mou Ltd [2025] EWHC 1298 (KB) (29 April 2025)

The defendant was required by Soole J's order to provide full particulars in response to the claimant's request for further information. The defendant's partial and delayed response, relying on examples and deferral to witness statements, was inadequate. Proper case management and the overriding objective necessitate that the defendant now provide particulars of each major example relied upon, supporting witness evidence, and a schedule of loss outlining causation and the nature of damage.

Citation
[2025] EWHC 1298 (KB)
Parties
Claimant: ARTCRAFTS INTERNATIONAL SpA; Defendant: MOU LIMITED
Jurisdiction
England and Wales
Judgment Date
29 April 2025
Procedural Posture
Costs Case Management Conference (ccmc) in Ongoing Commercial Litigation / Interlocutory; Determination of Compliance With Order for Further Information and Case Management Directions
Outcome
Application granted in part; defendant ordered to provide further and better particulars, supporting witness evidence, and a schedule of loss.
Legal Topics
Requests for Further Information, Case Management, Relational Contracts, Breach of Contract, Counterclaims, Compliance With Court Orders
Civil Procedure Commercial Law Contract Law Requests for Further Information Case Management Relational Contracts Breach of Contract Counterclaims +1 more

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Parties

ARTCRAFTS INTERNATIONAL SpA

Claimant

MOU LIMITED

Defendant

Procedural Posture

Costs Case Management Conference (ccmc) in Ongoing Commercial Litigation / Interlocutory; Determination of Compliance With Order for Further Information and Case Management Directions

Legal Issues

  1. 1 Whether the defendant complied with Soole J's order to provide a response to the claimant's request for further information
  2. 2 Proper construction of an order requiring a 'response' to a Part 18 request
  3. 3 Appropriate case management directions where particulars are inadequate or delayed

Ratio Decidendi

The defendant was required by Soole J's order to provide full particulars in response to the claimant's request for further information. The defendant's partial and delayed response, relying on examples and deferral to witness statements, was inadequate. Proper case management and the overriding objective necessitate that the defendant now provide particulars of each major example relied upon, supporting witness evidence, and a schedule of loss outlining causation and the nature of damage.

Court Disposition

Application granted in part; defendant ordered to provide further and better particulars, supporting witness evidence, and a schedule of loss.

Orders

  • Defendant to provide particulars of each major example relied upon as a breach in the counterclaim.
  • Defendant to provide supporting witness statement(s) detailing relevant events.