First Subsea Ltd v Balltec Ltd & Ors [2013] EWHC 584 (Ch) (13 March 2013)

First Subsea Ltd v Balltec Ltd & Ors [2013] EWHC 584 (Ch) (13 March 2013)

The court has jurisdiction to order disclosure of documents going to credit under CPR 31.12 in exceptional cases, but this is not an appropriate case for such an order. The material already elicited suffices for assessing credibility and fairness does not require further disclosure.

Citation
[2013] EWHC 584 (Ch)
Parties
Claimant: First Subsea Limited; Defendant: Balltec Limited; Defendant: Robert Emmett; Defendant: Richard Taylor; Defendant: Russell Benson; Defendant: Roger Bacon
Jurisdiction
England and Wales
Judgment Date
13 March 2013
Procedural Posture
Application for Specific Disclosure / During Trial
Outcome
application refused
Legal Topics
Disclosure, Credibility, Fairness, CPR 31.12
Civil Procedure Disclosure Credibility Fairness CPR 31.12

Case Brief

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Parties

First Subsea Limited

Claimant

Balltec Limited

Defendant

Robert Emmett

Defendant

Richard Taylor

Defendant

Russell Benson

Defendant

Roger Bacon

Defendant

Procedural Posture

Application for Specific Disclosure / During Trial

Legal Issues

  1. 1 Whether the court should order specific disclosure of documents relating to a commercial loan arrangement under CPR 31.12
  2. 2 Whether documents relating to credibility should be disclosed
  3. 3 Whether fairness requires further disclosure

Ratio Decidendi

The court has jurisdiction to order disclosure of documents going to credit under CPR 31.12 in exceptional cases, but this is not an appropriate case for such an order. The material already elicited suffices for assessing credibility and fairness does not require further disclosure.

Court Disposition

application refused