The Bullring Limited Partnership & Ors v Laing O'Rourke Midlands Ltd

The Bullring Limited Partnership & Ors v Laing O'Rourke Midlands Ltd

Early specific disclosure is ordered for maintenance records and documents relating to complaints, reports, and investigations (categories 4, 7-9, 11-14) because their importance to liability and limitation issues outweighs any additional burden on the claimants, especially given the claimants' unreasonable delays and lack of cooperation.

Parties
Claimant/respondent: The Bullring Limited Partnership; Claimant/respondent: Bull Ring (GP) Limited; Claimant/respondent: Bull Ring No. 1 Limited; Claimant/respondent: Bull Ring No. 2 Limited; Defendant/applicant: Laing O’Rourke Midlands Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2016
Procedural Posture
Civil (construction Dispute) / Application for Early Specific Disclosure
Outcome
Application for early specific disclosure granted in part
Legal Topics
Specific Disclosure, Pre Action Protocol, Limitation, Case Management
Civil Procedure Construction Law Specific Disclosure Pre Action Protocol Limitation Case Management

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Parties

The Bullring Limited Partnership

Claimant/respondent

Bull Ring (GP) Limited

Claimant/respondent

Bull Ring No. 1 Limited

Claimant/respondent

Bull Ring No. 2 Limited

Claimant/respondent

Laing O’Rourke Midlands Limited

Defendant/applicant

Procedural Posture

Civil (construction Dispute) / Application for Early Specific Disclosure

Legal Issues

  1. 1 Whether early specific disclosure should be ordered for certain categories of documents
  2. 2 Whether the claimants' conduct justifies early disclosure
  3. 3 Appropriate test for early disclosure under CPR

Ratio Decidendi

Early specific disclosure is ordered for maintenance records and documents relating to complaints, reports, and investigations (categories 4, 7-9, 11-14) because their importance to liability and limitation issues outweighs any additional burden on the claimants, especially given the claimants' unreasonable delays and lack of cooperation.

Court Disposition

Application for early specific disclosure granted in part

Orders

  • Claimants to provide early disclosure of maintenance records and documents relating to complaints, reports, and investigations (categories 4, 7-9, 11-14) by a date to be determined.
  • Claimants granted liberty to apply to vary the terms or date of the order if logistical difficulties arise.