Office Depot International (UK) Ltd v UBS Asset Management (UK) Ltd and others

Declaration – Discretion to grant. In a claim arising from defects in a warehouse roof, the claimant tenant's application for declaratory relief had not been formulated so that any underlying issue between the parties was sufficiently clearly defined to make it justiciable. Accordingly, the Technology and Construction Court, refused the application, and instead ruled that the claim against the fourth defendant landlord should be struck out. The Court also ruled that the claimant be allowed to seek permission to amend it's particulars of claim so as to allow a straightforward claim against the second defendant building contractor and the third defendant sub-contractor for breach of the collateral warranties.

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