The claimant, a company incorporated in Jersey, issued a Part 7 claim for declarations that our client was a party to a construction contract for substantial works at a property in London. The claim was issued without notice as part of adjudication business undertaken by the TCC and as a precursor to a threatened adjudication. The proceedings were treated as a Part 8 claim by the TCC, which ordered a truncated directions timetable.
We applied to vary the order to allow our client time to file and serve detailed evidence which pleaded that he had acted in his capacity as a director of a company at all times.
At the hearing of the claim, the claimant accepted that its primary case could not succeed because there was a written contract between the claimant and our client's company. The claimant's alternative case, based on novation of the contract, was not pleaded and the claimant therefore sought permission to amend its particulars of claim at the hearing, which was refused. Permission to appeal was granted but the appeal was dismissed by consent with the claimant paying our client's costs.