Northumbrian Water Ltd v British Telecommunications Plc [2005] EWHC 2408 (TCC) (28 October 2005)

Northumbrian Water Ltd v British Telecommunications Plc [2005] EWHC 2408 (TCC) (28 October 2005)

Pre-action disclosure was ordered only for categories of documents (design documents, health and safety plan, and contract documents) that were central to the anticipated dispute and which BT should have in their possession, as these met the requirements of CPR 31.16(3)(c) and (d). Disclosure was refused for other...

Source-derived case information.

Citation
[2005] EWHC 2408 (TCC)
Parties
Claimant: Northumbrian Water Ltd.; Defendant: British Telecommunications PLC
Jurisdiction
England and Wales
Judgment Date
28 October 2005
Procedural Posture
Application for Pre Action Disclosure Under CPR 31.16 / Judgment on Application
Outcome
Application allowed in part and refused in part.
Legal Topics
Pre Action Disclosure, Disclosure of Documents, Civil Procedure Rules, Construction Disputes
Civil Procedure Construction Law Pre Action Disclosure Disclosure of Documents Civil Procedure Rules Construction Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Northumbrian Water Ltd.

Claimant

British Telecommunications PLC

Defendant

Procedural Posture

Application for Pre Action Disclosure Under CPR 31.16 / Judgment on Application

Legal Issues

  1. 1 Whether the documents sought by the claimant satisfy the requirements for pre-action disclosure under CPR 31.16(3)
  2. 2 Whether the court should exercise its discretion to order pre-action disclosure of the requested documents

Ratio Decidendi

Pre-action disclosure was ordered only for categories of documents (design documents, health and safety plan, and contract documents) that were central to the anticipated dispute and which BT should have in their possession, as these met the requirements of CPR 31.16(3)(c) and (d). Disclosure was refused for other categories where documents did not exist, were peripheral, or did not meet the desirability or standard disclosure tests.

Court Disposition

Application allowed in part and refused in part.

Orders

  • BT to disclose documents relating to the heading support design (category 4), the correct health and safety plan (category 5), and the main contract and subcontract documents relating to the tunnelling works (category 7).
  • BT to make enquiries and inform NWL within seven days whether site diaries exist for the tunnelling works (category 6).