O'Neill v AVIC International (UK) Ltd [2018] EWHC 2542 (QB) (20 September 2018)

O'Neill v AVIC International (UK) Ltd [2018] EWHC 2542 (QB) (20 September 2018)

The application for further disclosure was dismissed because the claimant failed to demonstrate that the defendant had not complied with standard disclosure obligations, and the additional allegations and requests were disproportionate and not relevant to the main issues for trial.

Citation
[2018] EWHC 2542 (QB)
Parties
Claimant/applicant: Michael Thomas O'Neill; Defendant/respondent: AVIC International (UK) Limited
Jurisdiction
England and Wales
Judgment Date
20 September 2018
Procedural Posture
Civil (queen's Bench Division) / Interlocutory Application for Further Disclosure
Outcome
Application dismissed
Legal Topics
Disclosure, Costs, Contractual Entitlement to Fees
Civil Procedure Disclosure Costs Contractual Entitlement to Fees

Case Brief

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Parties

Michael Thomas O'Neill

Claimant/applicant

AVIC International (UK) Limited

Defendant/respondent

Procedural Posture

Civil (queen's Bench Division) / Interlocutory Application for Further Disclosure

Legal Issues

  1. 1 Whether the defendant's disclosure was adequate under standard disclosure obligations
  2. 2 Whether the claimant is entitled to further disclosure based on allegations of dishonesty and relevance to the pleaded issues
  3. 3 Whether the claimant's application for further disclosure was proportionate and justified

Ratio Decidendi

The application for further disclosure was dismissed because the claimant failed to demonstrate that the defendant had not complied with standard disclosure obligations, and the additional allegations and requests were disproportionate and not relevant to the main issues for trial.

Court Disposition

Application dismissed

Orders

  • Claimant to pay the defendant's costs of the hearing today, summarily assessed at £4,452.
  • Other costs of and occasioned by the application to be costs in the case.