HKR Middle East Architects Engineering LLC & Anor v English (No. 2) (Approved) [2021] IEHC 142 (03 March 2021)

HKR Middle East Architects Engineering LLC & Anor v English (No. 2) (Approved) [2021] IEHC 142 (03 March 2021)

Save for the claim for interest, the updated particulars furnished by HKRME in December 2019 are not to be struck out, as they are capable of falling within the rubric of unpaid and lawful liabilities pleaded. The law does not prevent a party from updating particulars to include items omitted from earlier schedules, even if known at the time. The claim for interest must be further explained within four weeks.

Citation
[2021] IEHC 142
Parties
Plaintiff: HKR Middle East Architects Engineering LLC; Plaintiff: Jeremiah Ryan; Defendant: Barry English
Jurisdiction
Ireland
Judgment Date
03 March 2021
Procedural Posture
Commercial / Interlocutory Application to Strike Out Particulars
Outcome
Application refused save for order regarding claim for interest
Legal Topics
Particulars of Claim, Unjust Enrichment, Pleadings, Amendment of Pleadings
Civil Procedure Commercial Law Particulars of Claim Unjust Enrichment Pleadings Amendment of Pleadings

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Parties

HKR Middle East Architects Engineering LLC

Plaintiff

Jeremiah Ryan

Plaintiff

Barry English

Defendant

Procedural Posture

Commercial / Interlocutory Application to Strike Out Particulars

Legal Issues

  1. 1 Whether updated particulars furnished by HKRME in December 2019 fall within the scope of the pleaded claim
  2. 2 Whether new items or heads of loss can be included in particulars if they were omitted from earlier schedules
  3. 3 Whether the explanation for omission of items in previous particulars is sufficient

Ratio Decidendi

Save for the claim for interest, the updated particulars furnished by HKRME in December 2019 are not to be struck out, as they are capable of falling within the rubric of unpaid and lawful liabilities pleaded. The law does not prevent a party from updating particulars to include items omitted from earlier schedules, even if known at the time. The claim for interest must be further explained within four weeks.

Court Disposition

Application refused save for order regarding claim for interest

Orders

  • HKRME to provide explanation for claim for interest and rate within four weeks
  • Costs of the application reserved pending outcome of account and enquiry