Moduleco v Carillion

Moduleco v Carillion

Carillion was contractually obliged to provide certain information and documents to Moduleco, and its opposition to disclosure became unreasonable after a certain point. Therefore, Carillion is entitled to half its assessed costs of the application, all reasonable costs of compliance, and a payment on account, but not the full costs claimed.

Parties
Claimant: Moduleco Limited; Defendant: Carillion Construction Limited
Jurisdiction
England and Wales
Judgment Date
11 February 2009
Procedural Posture
Application for Pre Action Disclosure / Ruling on Application and Costs
Outcome
Application for pre-action disclosure allowed by consent; costs apportioned as specified.
Legal Topics
Pre Action Disclosure, Costs, Confidentiality, Settlement Agreements
Civil Procedure Contract Law Pre Action Disclosure Costs Confidentiality Settlement Agreements

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Parties

Moduleco Limited

Claimant

Carillion Construction Limited

Defendant

Procedural Posture

Application for Pre Action Disclosure / Ruling on Application and Costs

Legal Issues

  1. 1 Whether Carillion is required to disclose documents to Moduleco under the December 2007 agreement and/or CPR Part 31
  2. 2 Whether Carillion acted reasonably in opposing the application for disclosure
  3. 3 How costs should be apportioned given the parties' conduct

Ratio Decidendi

Carillion was contractually obliged to provide certain information and documents to Moduleco, and its opposition to disclosure became unreasonable after a certain point. Therefore, Carillion is entitled to half its assessed costs of the application, all reasonable costs of compliance, and a payment on account, but not the full costs claimed.

Court Disposition

Application for pre-action disclosure allowed by consent; costs apportioned as specified.

Orders

  • Carillion to provide agreed classes of documents to Moduleco, subject to redactions for confidentiality.
  • Carillion to have half its assessed costs of the application and hearing.