Building Law Monthly
The scope of Part 8 of the Civil Procedure Rules
CLS Civil Engineering Ltd v WJG Evans and Sons (a Partnership) [2024] EWHC 194 (TCC)
In
CLS Civil Engineering Ltd v WJG Evans and Sons (a Partnership) [2024] EWHC 194 (TCC), Mr Neil Moody KC, sitting as a Deputy Judge of the High Court, held that the claim brought by the
claimant was suitable for determination in Part 8 proceedings given that the dispute was one that related principally to the
existence of a contract between the parties and the interpretation of any such contract. Although the defendant had sought
to demonstrate the existence of a number of disputes of fact between the parties, these disputes were not material to the
points of law sought to be resolved in the proceedings and so these disputes were held not to make the proceedings unsuitable
for Part 8 determination.