William Clark Partnership Ltd v Dock ST PCT Ltd [2015] EWHC 1521 (TCC) (22 April 2015)

The application was dismissed because the claimant failed to justify the need for intensive further investigation at a late stage; the financial analysis sought was not a key issue and existing disclosure was sufficient for trial purposes.

Citation: [2015] EWHC 1521 (TCC)
Parties: Claimant: William Clark Partnership Limited; Defendant: Dock St PCT Limited
Jurisdiction: England and Wales
Judgment Date: 22 April 2015
Procedural Posture: Application for Specific Disclosure and Permission to Rely on Expert Evidence / Pre Trial Review
Outcome: Application dismissed
Legal Topics: Specific Disclosure, Expert Evidence, Professional Services, Causation, Costs

Civil Procedure Professional Negligence Construction Law Specific Disclosure Expert Evidence Professional Services Causation Costs

Case Brief

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Parties

William Clark Partnership Limited

Claimant

Dock St PCT Limited

Defendant

Procedural Posture

Application for Specific Disclosure and Permission to Rely on Expert Evidence / Pre Trial Review

Legal Issues

1 Whether the claimant is entitled to specific disclosure of financial documents
2 Whether the claimant should be permitted to rely on forensic accountancy expert evidence

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Application for specific disclosure and permission to rely on forensic accountancy evidence dismissed
Claimant to pay defendant's costs of the application, subject to detailed assessment if not agreed, assessment deferred until conclusion of trial or further order