O'Neill v AVIC International (UK) Ltd

The application for further disclosure was dismissed as the claimant failed to demonstrate that the defendant had not complied with standard disclosure requirements; the additional documentation provided was sufficient and the wider allegations were not relevant to the issues for trial.

Parties: Claimant/applicant: Michael Thomas O’Neill; Defendant/respondent: AVIC International (UK) Limited
Jurisdiction: England and Wales
Judgment Date: 20 September 2018
Procedural Posture: Civil / Interlocutory Application (disclosure)
Outcome: application dismissed
Legal Topics: Disclosure, Costs, Quantum Meruit, Agreement Enforcement

Contract Law Civil Procedure Disclosure Costs Quantum Meruit Agreement Enforcement

Case Brief

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Parties

Michael Thomas O’Neill

Claimant/applicant

AVIC International (UK) Limited

Defendant/respondent

Procedural Posture

Civil / Interlocutory Application (disclosure)

Legal Issues

1 Whether the defendant provided sufficient disclosure under standard disclosure rules
2 Whether the claimant is entitled to further disclosure based on allegations of dishonesty
3 Whether the claimant's application for additional disclosure is proportionate and justified

Ratio Decidendi

Court Disposition

application dismissed

Orders

Claimant to pay defendant's costs of the hearing in the summarily assessed amount of £4,452.
Other costs occasioned by the application to be costs in the case.