Northumbrian Water Ltd v British Telecommunications Plc

Northumbrian Water Ltd v British Telecommunications Plc

Application allowed in respect of categories 4, 5, and 7 as the documents sought are core contract documents relevant to the tunnelling works and meet the tests under CPR 31.16(3)(c) and (d); application refused for categories 1, 2, 3, and 6 as the documents are either non-existent, peripheral, or do not meet the...

Source-derived case information.

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 / Ruling on Application
Outcome
Application partly allowed, partly refused.
Legal Topics
Pre Action Disclosure, Disclosure of Documents, CPR 31.16, Contractual Liability, Construction Disputes
Civil Procedure Pre Action Disclosure Disclosure of Documents CPR 31.16 Contractual Liability 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 / Ruling on Application

Legal Issues

  1. 1 Whether the documents sought by NWL meet the criteria for pre-action disclosure under CPR 31.16(3)(c) and (d)
  2. 2 Whether BT has provided all relevant documents in its possession
  3. 3 Whether it is desirable for certain documents to be disclosed prior to litigation

Ratio Decidendi

Application allowed in respect of categories 4, 5, and 7 as the documents sought are core contract documents relevant to the tunnelling works and meet the tests under CPR 31.16(3)(c) and (d); application refused for categories 1, 2, 3, and 6 as the documents are either non-existent, peripheral, or do not meet the criteria for pre-action disclosure.

Court Disposition

Application partly allowed, partly refused.

Orders

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