Gurney Consulting Engineers (a firm) v Gleeds Health & Safety Ltd. & Anor (No. 2)

Gurney Consulting Engineers (a firm) v Gleeds Health & Safety Ltd. & Anor (No. 2)

The court concluded it had no discretion to publish the draft judgment since the case was settled before the draft was sent to the parties. Even if discretion existed, both parties opposed publication, so the draft judgment must remain unpublished.

Parties
Part 20 Claimant: Gurney Consulting Engineers (A Firm); Part 20 Defendant: Gleeds Health & Safety Limited; Part 20 Defendant: Gleeds Management Services Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2006
Procedural Posture
Civil / Post Trial, Pre Judgment, Settlement Before Judgment Delivery
Outcome
Draft judgment to remain unpublished; no further action against parties for failure to notify court.
Legal Topics
Judgment Publication, Settlement After Trial, Judicial Discretion, Court Notification Obligations
Civil Procedure Judgment Publication Settlement After Trial Judicial Discretion Court Notification Obligations

Case Brief

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Parties

Gurney Consulting Engineers (A Firm)

Part 20 Claimant

Gleeds Health & Safety Limited

Part 20 Defendant

Gleeds Management Services Limited

Part 20 Defendant

Procedural Posture

Civil / Post Trial, Pre Judgment, Settlement Before Judgment Delivery

Legal Issues

  1. 1 Whether the court should publish a draft judgment after settlement and before delivery
  2. 2 Whether parties complied with their obligation to notify the court of settlement negotiations

Ratio Decidendi

The court concluded it had no discretion to publish the draft judgment since the case was settled before the draft was sent to the parties. Even if discretion existed, both parties opposed publication, so the draft judgment must remain unpublished.

Court Disposition

Draft judgment to remain unpublished; no further action against parties for failure to notify court.

Orders

  • Draft judgment must remain unpublished.
  • No sanction imposed on parties for failure to notify the court; apologies accepted.