Harbour Castle Ltd v David Wilson Homes Ltd [2012] EWCA Civ 573 (18 April 2012)

Harbour Castle Ltd v David Wilson Homes Ltd [2012] EWCA Civ 573 (18 April 2012)

Version 2 of the Particulars of Claim, though imperfect, was a new document and sufficiently met the requirements of the CPR to qualify as Particulars of Claim for the purposes of the unless order. The judge erred in treating the claims as standing or falling together and in concluding that the document did not comply with the order.

Citation
[2012] EWCA Civ 573
Parties
Appellant/claimant: Harbour Castle Limited; Respondent/defendant: David Wilson Homes Limited
Jurisdiction
England and Wales
Judgment Date
18 April 2012
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
appeal allowed
Legal Topics
Unless Orders, Particulars of Claim, Pleading Requirements, Strike Out Applications, Adjournment, Amendment of Pleadings
Civil Procedure Contract Law Unless Orders Particulars of Claim Pleading Requirements Strike Out Applications Adjournment Amendment of Pleadings

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Parties

Harbour Castle Limited

Appellant/claimant

David Wilson Homes Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the claimant's version 2 Particulars of Claim complied with the unless order of April 2010
  2. 2 Whether the action should stand dismissed for non-compliance with the unless order

Ratio Decidendi

Version 2 of the Particulars of Claim, though imperfect, was a new document and sufficiently met the requirements of the CPR to qualify as Particulars of Claim for the purposes of the unless order. The judge erred in treating the claims as standing or falling together and in concluding that the document did not comply with the order.

Court Disposition

appeal allowed

Orders

  • Appeal allowed; action not dismissed for non-compliance with unless order.