Halsion Limited v St Thomas Street Development Limited [2023] EWHC 2045 (TCC) (08 August 2023)

Halsion Limited v St Thomas Street Development Limited [2023] EWHC 2045 (TCC) (08 August 2023)

The APOC, while containing excessive narrative and evidence, did not reach the threshold of being so defective as to prevent the defendant from understanding the case or the court from managing the proceedings. The defects were remediable by amendment. The claims for construction, rectification, and estoppel by convention were not so unarguable as to justify summary judgment or strike out. However, the claims for declarations as to the effect of the adjudications served no useful purpose and were struck out.

Citation
[2023] EWHC 2045 (TCC)
Parties
Claimant: Halsion Limited; Defendant: St Thomas Street Development Limited
Jurisdiction
England and Wales
Judgment Date
08 August 2023
Procedural Posture
Commercial Construction Dispute (tcc) / Interlocutory Application for Summary Judgment And/or Strike Out
Outcome
Application dismissed in substantial part; limited strike out granted
Legal Topics
Pleading Requirements, Rectification, Estoppel by Convention, Declaratory Relief, Summary Judgment, Strike Out Applications
Construction Law Contract Law Civil Procedure Pleading Requirements Rectification Estoppel by Convention Declaratory Relief Summary Judgment +1 more

Case Brief

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Parties

Halsion Limited

Claimant

St Thomas Street Development Limited

Defendant

Procedural Posture

Commercial Construction Dispute (tcc) / Interlocutory Application for Summary Judgment And/or Strike Out

Legal Issues

  1. 1 Whether the Amended Particulars of Claim (APOC) should be struck out for non-compliance with CPR Part 16 and the TCC Guide
  2. 2 Whether the APOC discloses reasonable grounds for the claims of construction, rectification, and estoppel by convention
  3. 3 Whether summary judgment should be granted on the claims for declaratory relief

Ratio Decidendi

The APOC, while containing excessive narrative and evidence, did not reach the threshold of being so defective as to prevent the defendant from understanding the case or the court from managing the proceedings. The defects were remediable by amendment. The claims for construction, rectification, and estoppel by convention were not so unarguable as to justify summary judgment or strike out. However, the claims for declarations as to the effect of the adjudications served no useful purpose and were struck out.

Court Disposition

Application dismissed in substantial part; limited strike out granted

Orders

  • Claims for declarations as to the effect of Adjudications 4 and 5 struck out
  • Claimant given permission to replead the APOC to cure identified defects