N G Bailey & Co Ltd. v Amec Design & Management Ltd.

N G Bailey & Co Ltd. v Amec Design & Management Ltd.

The application for disclosure fails because the documents sought would not clarify the issues, do not fall within the scope of reported cases on CFAs and indemnity principle, and ordering discovery would unnecessarily complicate proceedings.

Parties
Claimant: N G Bailey & Co Ltd; Defendant: AMEC Design & Management Ltd
Jurisdiction
England and Wales
Judgment Date
06 October 2003
Procedural Posture
Costs Assessment / Interlocutory Application for Discovery
Outcome
Application dismissed
Legal Topics
Disclosure, Legal Professional Privilege, Detailed Assessment, Arbitration Costs
Civil Procedure Costs Disclosure Legal Professional Privilege Detailed Assessment Arbitration Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

N G Bailey & Co Ltd

Claimant

AMEC Design & Management Ltd

Defendant

Procedural Posture

Costs Assessment / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether the Claimant should be ordered to disclose documents relating to costs claimed for Quantum Solution/Monde and Trett Consulting
  2. 2 Whether the costs claimed are properly attributable to the arbitration proceedings or to prior High Court proceedings
  3. 3 Whether the court has power to order disclosure in detailed assessment proceedings

Ratio Decidendi

The application for disclosure fails because the documents sought would not clarify the issues, do not fall within the scope of reported cases on CFAs and indemnity principle, and ordering discovery would unnecessarily complicate proceedings.

Court Disposition

Application dismissed

Orders

  • Application for disclosure is dismissed
  • Costs of the application are reserved