BDW Trading Ltd (claimant/respondent) –v- AECOM Infrastructure & Environment UK Ltd & Ors
Wednesday 8th 2:00pm – Thursday 9th December 2021
D3 and D4 appeal against the order made by HHJ Kramer (sitting as a High Court Judge) dated 16/10/20 dismissing Ds’ application to disallow the amendments of 17 and 18 March 2020 to add a claim in respect of Feltham Axiom and to add Cameron Taylor Consulting Limited as a D and allowing C’s application dated 9/6/20 to substitute Cameron Taylor One Limited for Cameron Taylor Consulting Limited.
The judge held that neither CTC nor CTO had a reasonably arguable limitation defence in relation to C’s Feltham claims;
C had established that CTC had been named in the claim form in mistake for CTO.
D3 and D4 submit that the judge applied to wrong test to determine whether either of them had a reasonably arguable defence for the purposes of the CPR 17.2 and 19.5 applications.