Carillion Plc v KPMG LLP & Anor [2020] EWHC 1416 (Comm) (03 June 2020)

Carillion Plc v KPMG LLP & Anor [2020] EWHC 1416 (Comm) (03 June 2020)

Carillion's application for pre-action disclosure fails because the request, even as narrowed, is not sufficiently focused and goes beyond what is strictly necessary. Carillion did not comply with the spirit of the Pre-Action Protocol, and KPMG was not in breach for refusing to provide the documents. The jurisdictional requirements under CPR 31.16 are not fully satisfied, particularly regarding standard disclosure and the scope of the request.

Citation
[2020] EWHC 1416 (Comm)
Parties
Claimant: Carillion PLC (in liquidation); Defendant: KPMG LLP; Defendant: KPMG Audit PLC
Jurisdiction
England and Wales
Judgment Date
03 June 2020
Procedural Posture
Application for Pre Action Disclosure / Judgment on Application
Outcome
Application dismissed
Legal Topics
Pre Action Disclosure, Audit Negligence, Compliance With Pre Action Protocols
Civil Procedure Professional Negligence Commercial Law Pre Action Disclosure Audit Negligence Compliance With Pre Action Protocols

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Parties

Carillion PLC (in liquidation)

Claimant

KPMG LLP

Defendant

KPMG Audit PLC

Defendant

Procedural Posture

Application for Pre Action Disclosure / Judgment on Application

Legal Issues

  1. 1 Whether Carillion is entitled to pre-action disclosure under CPR 31.16
  2. 2 Whether KPMG breached the Pre-Action Protocol for Professional Negligence
  3. 3 Whether the documents sought fall within standard disclosure

Ratio Decidendi

Carillion's application for pre-action disclosure fails because the request, even as narrowed, is not sufficiently focused and goes beyond what is strictly necessary. Carillion did not comply with the spirit of the Pre-Action Protocol, and KPMG was not in breach for refusing to provide the documents. The jurisdictional requirements under CPR 31.16 are not fully satisfied, particularly regarding standard disclosure and the scope of the request.

Court Disposition

Application dismissed

Orders

  • No order for pre-action disclosure
  • Costs to be determined separately