Philip Donnelly & Ors v Weybridge Construction Ltd

Specific disclosure is only ordered for documents relevant to pleaded issues and proportionate to the case; privilege protects certain communications after litigation was reasonably in prospect; most categories sought are too widely drawn and not allowed except for limited financial correspondence and instructions from Claimants to Brohoon & Associates.

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: Civil / Ruling on Applications for Specific Disclosure
Outcome: Applications for specific disclosure largely refused; limited orders granted for certain categories.
Legal Topics: Disclosure, Breach of Contract, Privilege, Case Management

Civil Procedure Contract Law Disclosure Breach of Contract Privilege Case Management

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Parties

Philip Donnelly & Ors

Claimants

Weybridge Construction Ltd

Defendant/part 20 Claimant

Joseph Brohoon & Ors

Part 20 Defendants

Procedural Posture

Civil / Ruling on Applications for Specific Disclosure

Legal Issues

1 Whether specific disclosure should be ordered for various categories of documents between parties
2 Relevance and proportionality of requested documents
3 Application of privilege to certain communications

Ratio Decidendi

Court Disposition

Applications for specific disclosure largely refused; limited orders granted for certain categories.

Orders

Claimants and Part 20 Defendants to provide brief descriptions of prior property relationships for two years before sales night.
Claimants to provide full disclosure statements individually signed by 3rd April 2006.