Moresfield Ltd. & Ors v Banners (a firm) & Ors [2003] EWHC 1602 (Ch) (03 July 2003)

Moresfield Ltd. & Ors v Banners (a firm) & Ors [2003] EWHC 1602 (Ch) (03 July 2003)

Banners has satisfied the conditions for pre-action disclosure under CPR 31.16. KPMG and Banners may well be parties to subsequent proceedings, the documents sought would be subject to standard disclosure, and disclosure is desirable to assist fair disposal, possible resolution, or cost-saving. The two KPMG files...

Source-derived case information.

Citation
[2003] EWHC 1602 (Ch)
Parties
Claimant: Moresfield Limited; Claimant: Kenneth Swift; Claimant: Jeremy Swift; Defendant: Banners (a firm); Prospective Part 20 Claimant: KPMG (a firm)
Jurisdiction
England and Wales
Judgment Date
03 July 2003
Procedural Posture
Application for Disclosure (cpr 31.16/31.17) / Interlocutory Application Prior to Trial
Outcome
Application for pre-action disclosure granted
Legal Topics
Pre Action Disclosure, Non Party Disclosure, Contribution Claims, Solicitors' Duties, Accountants' Duties
Civil Procedure Professional Negligence Pre Action Disclosure Non Party Disclosure Contribution Claims Solicitors' Duties Accountants' Duties

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Moresfield Limited

Claimant

Kenneth Swift

Claimant

Jeremy Swift

Claimant

Banners (a firm)

Defendant

KPMG (a firm)

Prospective Part 20 Claimant

Procedural Posture

Application for Disclosure (cpr 31.16/31.17) / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 Whether Banners is entitled to pre-action disclosure from KPMG under CPR 31.16 or, alternatively, non-party disclosure under CPR 31.17
  2. 2 Whether the conditions for pre-action disclosure are met, including likelihood of parties, relevance of documents, and desirability for fair disposal or cost-saving
  3. 3 Whether KPMG's files are relevant to the issues of duty, reliance, and potential contribution

Ratio Decidendi

Banners has satisfied the conditions for pre-action disclosure under CPR 31.16. KPMG and Banners may well be parties to subsequent proceedings, the documents sought would be subject to standard disclosure, and disclosure is desirable to assist fair disposal, possible resolution, or cost-saving. The two KPMG files are relevant to the issues of duty and reliance. Discretionary factors, including KPMG's prior agreement to disclosure and the limited scope of documents sought, support granting the application. Alternatively, the requirements for non-party disclosure under CPR 31.17 are also met.

Court Disposition

Application for pre-action disclosure granted

Orders

  • KPMG to disclose the two files relating to the transaction to Banners under CPR 31.16
  • If form of order cannot be agreed, parties to return for further argument