Swann & Anor v Potton Ltd

Swann & Anor v Potton Ltd

The amendments to the Particulars of Claim are allowed as the objections are not justified and the claims are properly arguable. The lateness was minor and not prejudicial. The witness statement may be provided to the expert with a warning to consider only factual matters. The trial must be adjourned due to the unavailability of the expert, and both parties are reminded of their duties to the court to ensure compliance with orders and efficient case management.

Parties
Claimant: Kevin Swann; Claimant: Koulla Swann; Defendant: Potton Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2010
Procedural Posture
Civil / Interlocutory Application / Case Management
Outcome
Amendments to Particulars of Claim allowed; trial adjourned; directions given for future conduct.
Legal Topics
Appointment of Single Joint Expert, Amendment of Pleadings, Case Management, Structural Warranty, Breach of Contract
Civil Procedure Construction Law Contract Law Appointment of Single Joint Expert Amendment of Pleadings Case Management Structural Warranty Breach of Contract

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Parties

Kevin Swann

Claimant

Koulla Swann

Claimant

Potton Limited

Defendant

Procedural Posture

Civil / Interlocutory Application / Case Management

Legal Issues

  1. 1 Whether the claimants should be permitted to amend their Particulars of Claim
  2. 2 Whether the defendant's objections to the amendments and to the witness statement are justified
  3. 3 Whether the appointment of the single joint expert has been properly managed

Ratio Decidendi

The amendments to the Particulars of Claim are allowed as the objections are not justified and the claims are properly arguable. The lateness was minor and not prejudicial. The witness statement may be provided to the expert with a warning to consider only factual matters. The trial must be adjourned due to the unavailability of the expert, and both parties are reminded of their duties to the court to ensure compliance with orders and efficient case management.

Court Disposition

Amendments to Particulars of Claim allowed; trial adjourned; directions given for future conduct.

Orders

  • Trial adjourned to 11 October 2010.
  • Amended Particulars of Claim permitted.