Parties must value their losses (at least approximately) within their pleaded case (Standard Life Assurance v Gleeds)

Article summary

Construction analysis: Standard Life Assurance Ltd ordered the design and construction of a mixed-use retail and residential development in Berkshire. The project suffered from substantial time and cost overruns, which resulted in legal action against Standard Life. Standard Life therefore brought its own legal proceedings against various of the contractors involved in the project. Standard Life sought to amend the particulars of claim that they had initially drafted in the proceedings. In an earlier judgment, the Technology and Construction Court (TCC) gave detailed instructions to Standard Life as to how to set out the losses that they had incurred. After Standard Life amended their pleadings, various of the defendant contractors opposed the amendments being allowed, in particular because Standard Life’s amended pleading simply stated that the quantum of their losses would be the subject of expert evidence in due course. The TCC allowed some amendments but refused others, giving detailed guidance as to the approach...