Sainsbury's Supermarkets Ltd v Ryan Jayberg Ltd

Sainsbury's Supermarkets Ltd v Ryan Jayberg Ltd

Permission to amend is granted only for those amendments that do not constitute new claims outside the limitation period and have a real prospect of success, specifically those relating to RJL’s alleged failure to provide information on maintenance and operation under the Pressure Regulations. Amendments seeking to introduce new claims regarding minimum service life obligations under the Pressure Regulations are refused as they do not arise from the same facts and lack real prospect of success. Associated matters in the Reply and Further Information are to be struck out or remain in accordance with these rulings.

Parties
Claimant: Sainsbury’s Supermarkets Limited; Defendant: Ryan Jayberg Limited
Jurisdiction
England and Wales
Judgment Date
11 December 2020
Procedural Posture
Commercial Construction Dispute / Interlocutory Applications for Amendment and Strike Out
Outcome
Partial permission to amend; partial strike out granted
Legal Topics
Breach of Contract, Negligence, Statutory Duties Under Pressure Equipment Regulations 1999, Statutory Duties Under Pressure Systems Safety Regulations 2000, Limitation of Actions, Pleading Amendments, Strike Out Applications
Contract Law Tort Law Statutory Regulation Breach of Contract Negligence Statutory Duties Under Pressure Equipment Regulations 1999 Statutory Duties Under Pressure Systems Safety Regulations 2000 Limitation of Actions +2 more

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Parties

Sainsbury’s Supermarkets Limited

Claimant

Ryan Jayberg Limited

Defendant

Procedural Posture

Commercial Construction Dispute / Interlocutory Applications for Amendment and Strike Out

Legal Issues

  1. 1 Whether amendments to the Particulars of Claim should be permitted
  2. 2 Whether proposed amendments constitute new claims outside the limitation period
  3. 3 Whether the Pressure Equipment Regulations 1999 and Pressure Systems Safety Regulations 2000 impose duties relevant to the dispute

Ratio Decidendi

Permission to amend is granted only for those amendments that do not constitute new claims outside the limitation period and have a real prospect of success, specifically those relating to RJL’s alleged failure to provide information on maintenance and operation under the Pressure Regulations. Amendments seeking to introduce new claims regarding minimum service life obligations under the Pressure Regulations are refused as they do not arise from the same facts and lack real prospect of success. Associated matters in the Reply and Further Information are to be struck out or remain in accordance with these rulings.

Court Disposition

Partial permission to amend; partial strike out granted

Orders

  • Permission granted for certain amendments (purple, blue, green, red) as specified in the judgment
  • Permission refused for other amendments (purple and blue) as specified