AMEC Foster Wheeler Group Ltd v Morgan Sindall Professional Services Ltd & Ors

AMEC Foster Wheeler Group Ltd v Morgan Sindall Professional Services Ltd & Ors

Defendants, as agents of AMEC under the Business Sale Agreements and Supplemental Agreement, are legally obliged to provide all documents relating to the arbitrations to AMEC. This duty is not restricted by the Supplemental Agreement or confidentiality concerns, and procedural objections do not bar relief.

Parties
Claimant: AMEC Foster Wheeler Group Limited; 1st Defendant: Morgan Sindall Professional Services Limited; 2nd Defendant: Morgan Sindall PLC; 3rd Defendant: Morgan Sindall Group PLC; 4th Defendant: SPIE Limited
Jurisdiction
England and Wales
Judgment Date
29 June 2015
Procedural Posture
Part 8 Claim / Judgment
Outcome
Claim granted
Legal Topics
Principal Agent Relationship, Disclosure of Documents, Confidentiality, Business Sale Agreements, Supplemental Agreements
Commercial Law Contract Law Agency Law Principal Agent Relationship Disclosure of Documents Confidentiality Business Sale Agreements Supplemental Agreements

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Parties

AMEC Foster Wheeler Group Limited

Claimant

Morgan Sindall Professional Services Limited

1st Defendant

Morgan Sindall PLC

2nd Defendant

Morgan Sindall Group PLC

3rd Defendant

SPIE Limited

4th Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether defendants are obliged to provide arbitration documents to AMEC under agency and contract law
  2. 2 Whether the Supplemental Agreement restricts provision of documents
  3. 3 Whether confidentiality prevents disclosure to AMEC

Ratio Decidendi

Defendants, as agents of AMEC under the Business Sale Agreements and Supplemental Agreement, are legally obliged to provide all documents relating to the arbitrations to AMEC. This duty is not restricted by the Supplemental Agreement or confidentiality concerns, and procedural objections do not bar relief.

Court Disposition

Claim granted

Orders

  • Defendants must provide AMEC with all documents listed in paragraph 10 of Mr Hickey’s skeleton argument relating to both the first and second arbitrations.
  • Further hearing to address consequential matters, including mechanics of the order and costs.