Philip Donnelly & Ors v Weybridge Construction Ltd [2006] EWHC 721 (TCC) (22 March 2006)

Applications for specific disclosure granted only in limited, proportionate categories; privilege protects certain documents; disclosure obligations under CPR 31.6 extend to documents affecting other parties' cases.

Citation: [2006] EWHC 721 (TCC)
Parties: Claimants: Philip Donnelly & Ors; Defendant/part 20 Claimant: Weybridge Construction Ltd; Part 20 Defendants: Joseph Brohoon & Ors
Jurisdiction: England and Wales
Judgment Date: 22 March 2006
Procedural Posture: Application for Specific Disclosure / Interlocutory Hearing
Outcome: Applications for specific disclosure allowed in part, refused in part.
Legal Topics: Disclosure, Privilege, Breach of Contract, Joint Venture, Agency

Civil Procedure Contract Law Disclosure Privilege Breach of Contract Joint Venture Agency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Philip Donnelly & Ors

Claimants

Weybridge Construction Ltd

Defendant/part 20 Claimant

Joseph Brohoon & Ors

Part 20 Defendants

Procedural Posture

Application for Specific Disclosure / Interlocutory Hearing

Legal Issues

1 Whether categories of documents sought are relevant and proportionate for specific disclosure
2 Whether privilege attaches to certain communications
3 Scope of disclosure obligations under CPR 31.6

Ratio Decidendi

Court Disposition

Applications for specific disclosure allowed in part, refused in part.

Orders

Claimants and Part 20 Defendants to provide brief descriptions of prior property dealings for two years before sales night.
Claimants to disclose correspondence relating to financial difficulties in completing contracts from 1 January 2004 onwards.