Cambridgeshire County Council v Bam Nuttall Ltd & Ors [2022] EWHC 275 (TCC) (18 January 2022)

Cambridgeshire County Council v Bam Nuttall Ltd & Ors [2022] EWHC 275 (TCC) (18 January 2022)

In complex and technical construction disputes, disclosure issues should be formulated with sufficient specificity to avoid ambiguity and future disputes, balancing the need for clarity with the avoidance of unnecessary complexity. The parties should complete the process of refining the disclosure issues as already...

Source-derived case information.

Citation
[2022] EWHC 275 (TCC)
Parties
Claimant: Cambridgeshire County Council; Defendant: BAM Nuttall Limited; Defendant: Koninklijke BAM Groep N.V.; Defendant: Zurich Insurance Public Liability Company
Jurisdiction
England and Wales
Judgment Date
18 January 2022
Procedural Posture
Construction Contract Dispute / Interlocutory Application for Guidance on Formulation of Disclosure Issues
Outcome
Guidance issued; parties directed to finalise the formulation of disclosure issues as discussed.
Legal Topics
Disclosure, Formulation of Issues, Document Review, Construction Contracts
Civil Procedure Construction Law Disclosure Formulation of Issues Document Review Construction Contracts

Source-derived case record

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Cambridgeshire County Council

Claimant

BAM Nuttall Limited

Defendant

Koninklijke BAM Groep N.V.

Defendant

Zurich Insurance Public Liability Company

Defendant

Procedural Posture

Construction Contract Dispute / Interlocutory Application for Guidance on Formulation of Disclosure Issues

Legal Issues

  1. 1 What is the appropriate level of specificity for the formulation of issues for disclosure in a complex construction contract dispute?

Ratio Decidendi

In complex and technical construction disputes, disclosure issues should be formulated with sufficient specificity to avoid ambiguity and future disputes, balancing the need for clarity with the avoidance of unnecessary complexity. The parties should complete the process of refining the disclosure issues as already substantially progressed, ensuring that categories of documents are described in relation to the relevant features without being unduly restrictive.

Court Disposition

Guidance issued; parties directed to finalise the formulation of disclosure issues as discussed.

Orders

  • Parties to complete the process of refining disclosure issues, using the more specific approach as discussed.
  • Categories of documents should be described as 'documents relating to' the relevant feature, without premature categorisation.