Carillion JM Ltd v PHI Group Ltd

Carillion JM Ltd v PHI Group Ltd

PHI's application to join Robert West as a Part 20 defendant is allowed, but the Part 20 claim will be heard separately from the principal claim due to PHI's unjustified delay and the imminent trial date. PHI's application to amend its Defence is allowed except for paragraph 61A, which is refused for lack of factual specificity.

Parties
Claimant: Carillion JM Limited; Defendant: PHI Group Limited; Proposed Part 20 Defendant: Robert West Consulting
Jurisdiction
England and Wales
Judgment Date
10 March 2010
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
PHI's application to join Robert West as Part 20 defendant allowed; Part 20 claim to be heard separately. PHI's application to amend Defence allowed except paragraph 61A, which is refused.
Legal Topics
Joinder of Parties, Amendment of Pleadings, Case Management, Contributory Negligence, Indemnity and Contribution
Civil Procedure Construction Law Joinder of Parties Amendment of Pleadings Case Management Contributory Negligence Indemnity and Contribution

Case Brief

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Parties

Carillion JM Limited

Claimant

PHI Group Limited

Defendant

Robert West Consulting

Proposed Part 20 Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether PHI should be permitted to amend its Defence to make admissions and allege contributory negligence
  2. 2 Whether PHI should be permitted to join Robert West Consulting as a Part 20 defendant
  3. 3 Whether the Part 20 claim should be heard together with or separately from the principal claim

Ratio Decidendi

PHI's application to join Robert West as a Part 20 defendant is allowed, but the Part 20 claim will be heard separately from the principal claim due to PHI's unjustified delay and the imminent trial date. PHI's application to amend its Defence is allowed except for paragraph 61A, which is refused for lack of factual specificity.

Court Disposition

PHI's application to join Robert West as Part 20 defendant allowed; Part 20 claim to be heard separately. PHI's application to amend Defence allowed except paragraph 61A, which is refused.

Orders

  • PHI to pay Carillion’s and Robert West's costs of the application, assessed at £10,500 for Carillion.
  • PHI to pay Carillion’s costs of and occasioned by the amendments, including any costs thrown away.