British Airways plc v Apogee Enterprises Inc [electronic resource]
British Airways plc v Apogee Enterprises Inc [electronic resource]
- 2007
[2007] EWHC 93 (TCC), 31 January 2007. Considers an application to amend the particulars of a claim after the expiry of a period of limitation. Defendant (A) constructed part of the glazed curtain walling at the Compass Centre building at Heathrow Airport (where claimant B was a tenant). Subsequently a number of failures of the glass occurred, which B contended were caused by A's poor workmanship. B claimed from A the cost of temporary and permanent remedial works as damages for breach of the collateral warranty. In the particulars of claim the collateral warranty was misidentified, and B sought amendments to correct that error. A submitted that the amendments sought to be made amounted to the making or substitution of a new claim. "Held": the court allowed B's amendment to change the identity of a contract sued upon after the expiry of the relevant limitation period. In the circumstances, A's application for summary judgment was premature, so B was not ordered to pay the costs of this application.
BRITISH AIRWAYS PLC V APOGEE ENTERPRISES INC
England and Wales--1543-
[2007] EWHC 93 (TCC), 31 January 2007. Considers an application to amend the particulars of a claim after the expiry of a period of limitation. Defendant (A) constructed part of the glazed curtain walling at the Compass Centre building at Heathrow Airport (where claimant B was a tenant). Subsequently a number of failures of the glass occurred, which B contended were caused by A's poor workmanship. B claimed from A the cost of temporary and permanent remedial works as damages for breach of the collateral warranty. In the particulars of claim the collateral warranty was misidentified, and B sought amendments to correct that error. A submitted that the amendments sought to be made amounted to the making or substitution of a new claim. "Held": the court allowed B's amendment to change the identity of a contract sued upon after the expiry of the relevant limitation period. In the circumstances, A's application for summary judgment was premature, so B was not ordered to pay the costs of this application.
BRITISH AIRWAYS PLC V APOGEE ENTERPRISES INC
England and Wales--1543-