Harbour Castle Ltd v David Wilson Homes Ltd

Harbour Castle Ltd v David Wilson Homes Ltd

Version 2 of the Particulars of Claim, though imperfect, was a new document and met the minimum requirements to qualify as Particulars of Claim under the unless order; the judge erred in treating both claims as standing or falling together and in concluding non-compliance.

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 / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Unless Orders, Pleadings, Amendment of Particulars of Claim, Strike Out Applications
Civil Procedure Contract Law Unless Orders Pleadings Amendment of Particulars of Claim Strike Out Applications

Case Brief

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Parties

Harbour Castle Limited

Appellant/claimant

David Wilson Homes Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether version 2 of the Particulars of Claim complied with the 2010 unless order
  2. 2 Whether the document served constituted 'new Particulars of Claim' within the meaning of the order

Ratio Decidendi

Version 2 of the Particulars of Claim, though imperfect, was a new document and met the minimum requirements to qualify as Particulars of Claim under the unless order; the judge erred in treating both claims as standing or falling together and in concluding non-compliance.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed