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
Category Archives: Particulars of Claim
Amendments to Pleadings: Al Nahda Insulation Contracting LLC & Another v Tremco Illbruck Export Ltd
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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.”
Filed under Particulars of Claim, Pleadings, Statements of Case