Category Archives: Pleadings

Amendments to Pleadings: Al Nahda Insulation Contracting LLC & Another v Tremco Illbruck Export Ltd

In Al Nahda, the TCC has maintained its strict approach to late amendments, and those which it does not consider have any real prospect of success. Continue reading

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Filed under Particulars of Claim, Pleadings, Procedure, Statements of Case

Liability of Independent sub-contractors: Willmott Dixon Construction Ltd v Robert West Consulting Ltd.

In Willmott Dixon Construction Ltd v Robert West Consulting Ltd [2016] EWHC 3291 (TCC), Coulson J gave guidance as to the exceptions to the general rule that a main contractor cannot be liable in tort for the acts or omissions of an independent sub-contractor. He also analysed the application of those exceptions to a plea of contributory negligence. Continue reading

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Filed under Contribution, Duty of Care, Particulars of Claim, Pleadings

Shorter pleadings, shorter judgments?

Three cheers for Mr Justice Leggatt who in Tchenguiz v Grant Thornton [2015] EWHC 405 has struck a blow against over-long pleadings. “Statements of case must be concise,” he said. “They must plead only material facts, meaning those necessary for the purpose of formulating a cause of action or defence, and not background facts or evidence. Still less should they contain arguments, reasons or rhetoric.”

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Filed under Particulars of Claim, Pleadings, Statements of Case