Lloyds Developments Limited v Accor Hotelservices UK Limited

Facts

Lloyds Developments Limited claims damages from Accor Hotelservices UK Limited arising from the collapse of the Tribe project in Glasgow, and its claim includes substantial losses from the Virgin Glasgow Hotel scheme it pursued afterwards. Accor defends and counterclaims. Lloyds' disclosure failures, documented in earlier judgments, led to a further round of disclosure that concluded in March 2026 and produced over 160,000 additional documents. Trial was due to begin in November, and Jefford J, the trial judge, heard three applications as vacation judge in the week of 17 August 2026. First, Accor sought to amend its Defence and Counterclaim to plead that the Corona Virus Business Interruption Loans Scheme (CBILS) loans funding Virgin Glasgow were dishonestly obtained, so that Lloyds could not recover the related losses. Draft amendments were sent to Lloyds on 25 June and the application was issued on 17 July. Second, Accor sought a further set of amendments, the "tax amendments", sent in draft on 14 July. These concerned about £500,000 of "Miscellaneous costs" claimed by Lloyds and the off-shore directors and professional benefit trusts structure. Third, Lloyds applied to rely on a second witness statement from Mr Jheeta, signed on 4 August, to supplement its quantum evidence after its expert's report in June 2026. Lloyds had objected to the amendments on grounds of lateness and the pressure on the pre-trial timetable.