William Clark Partnership Ltd v Dock ST PCT Ltd

William Clark Partnership Ltd v Dock ST PCT Ltd

The application for specific disclosure and permission to rely on forensic accountancy evidence was dismissed because the claimant failed to justify the necessity and proportionality of the request at this late stage. The financial analysis sought was not a key issue and would be an intrusive distraction from trial preparation, with potential to derail the trial timetable.

Parties
Claimant: William Clark Partnership Limited; Defendant: Dock St PCT Limited
Jurisdiction
England and Wales
Judgment Date
22 April 2015
Procedural Posture
Application / Pre Trial Review
Outcome
application dismissed
Legal Topics
Specific Disclosure, Expert Evidence, Costs, Professional Services, Project Management
Civil Procedure Professional Negligence Specific Disclosure Expert Evidence Costs Professional Services Project Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

William Clark Partnership Limited

Claimant

Dock St PCT Limited

Defendant

Procedural Posture

Application / Pre Trial Review

Legal Issues

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

Ratio Decidendi

The application for specific disclosure and permission to rely on forensic accountancy evidence was dismissed because the claimant failed to justify the necessity and proportionality of the request at this late stage. The financial analysis sought was not a key issue and would be an intrusive distraction from trial preparation, with potential to derail the trial timetable.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • The claimant shall pay the defendant’s costs of the application, subject to detailed assessment if not agreed, to take place after trial or further order.