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In Co-operative Group v Birse Developments and others, Co-op originally sought damages for the cost of repairing its concrete slab flooring laid by Birse. In October 2012, Co-op amended its claim, seeking full replacement of the flooring due to it being insufficiently reinforced.
In May 2013, Co-op sought further amendment to its claim, stating that the deficiency was in fact that the floor was too thin and that this had always been the case. The Court of Appeal held that if the flooring had always been too thin, Co-op should have known this when it made its first amendment application in October 2012. The Court viewed the delays caused by this oversight as a ‘foreseeable risk’ Co-op should have avoided; their first application having already delayed matters. Co-op’s argument in May 2013 should clearly have been pleaded far earlier and so their application was dismissed.
This case highlights the importance of correctly targeting claims at the outset and the consequences if time is allowed to slip.
On 14 January 2019 a Capped Costs Pilot Scheme was introduced in the Leeds and Manchester Business and Property Courts, and has been set to run for two years.
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In a lengthy majority judgment accompanied by two powerful dissenting opinions, the Supreme Court found yesterday that land acquired and held for statutory purposes cannot be registered as a village green where that registration is incompatible with the statutory purpose for which it is held.
The decision of the Supreme Court extends the scope of whistle-blower protection and is a wider approach than that taken in direct discrimination claims.
An 89 year old former patient pathway co-ordinator has been awarded £200,000 by an Employment Tribunal for unfair dismissal and age and disability discrimination following her dismissal on capability grounds.
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