The Dorchester Group Ltd (t/a the Dorchester Collection) v Kier Construction Ltd

The Dorchester Group Ltd (t/a the Dorchester Collection) v Kier Construction Ltd

Kier's letter of 21 September 2015 did not constitute a clear and unequivocal admission under CPR 14.1, and therefore Dorchester is not entitled to judgment on admission. Specific disclosure is granted only for Categories 1-4 and 14, as these are within standard disclosure and proportionate; other categories are refused as speculative, outside standard disclosure, or disproportionate.

Parties
Claimant: The Dorchester Group Limited t/a The Dorchester Collection; Defendant: Kier Construction Limited
Jurisdiction
England and Wales
Judgment Date
21 October 2015
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Application for judgment on admission refused; application for specific disclosure partially allowed.
Legal Topics
Disclosure, Admissions, Undeclared Discounts, Specific Disclosure, Quantum, Early Payment Discount
Contract Law Civil Procedure Disclosure Admissions Undeclared Discounts Specific Disclosure Quantum Early Payment Discount

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Parties

The Dorchester Group Limited t/a The Dorchester Collection

Claimant

Kier Construction Limited

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether Kier's letter of 21 September 2015 constituted a formal admission entitling Dorchester to judgment under CPR 14.1
  2. 2 Whether Dorchester is entitled to specific disclosure of documents relating to undisclosed discounts
  3. 3 Proportionality and scope of disclosure

Ratio Decidendi

Kier's letter of 21 September 2015 did not constitute a clear and unequivocal admission under CPR 14.1, and therefore Dorchester is not entitled to judgment on admission. Specific disclosure is granted only for Categories 1-4 and 14, as these are within standard disclosure and proportionate; other categories are refused as speculative, outside standard disclosure, or disproportionate.

Court Disposition

Application for judgment on admission refused; application for specific disclosure partially allowed.

Orders

  • Specific disclosure ordered for Categories 1-4 and 14; Kier to provide a witness statement detailing searches and disclosure for these categories.
  • No order for specific disclosure for Categories 8-12 and 13; application refused for these categories.