- Application for preliminary issues hearing refused (Midal Cables v Amec)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The Technology and Construction Court (TCC) declined to order a preliminary issues hearing in a dispute surrounding non-payment in a battle of the forms dispute. It held that the preliminary issues could not be decided on the basis of agreed or assumed facts, that the trial would be longer than the applicant contended, and that it would lead to increased costs for both parties. Further, the court did not think, based on the applicant’s earlier conduct, that a decision on the relevant issues would improve the possibility of settlement.
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