Lalana Hans Place Ltd v Michael Barclay Partnership LLP [2017] EWHC 29 (TCC) (13 January 2017)

Lalana Hans Place Ltd v Michael Barclay Partnership LLP [2017] EWHC 29 (TCC) (13 January 2017)

The claimant must answer the Part 18 request because the information sought is relevant to the factual basis of the claim and can be addressed without prejudicing trial preparation; privilege and waiver issues may be asserted and resolved separately.

Citation
[2017] EWHC 29 (TCC)
Parties
Claimant: Lalana Hans Place Limited; Defendant: Michael Barclay Partnership LLP
Jurisdiction
England and Wales
Judgment Date
13 January 2017
Procedural Posture
Application for Further Information in Civil Litigation / Pre Trial Interlocutory Hearing
Outcome
Application granted
Legal Topics
Litigation Privilege, Disclosure, Expert Evidence, Remedial Works, Waiver of Privilege
Civil Procedure Construction Law Litigation Privilege Disclosure Expert Evidence Remedial Works Waiver of Privilege

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Parties

Lalana Hans Place Limited

Claimant

Michael Barclay Partnership LLP

Defendant

Procedural Posture

Application for Further Information in Civil Litigation / Pre Trial Interlocutory Hearing

Legal Issues

  1. 1 Whether the claimant must answer a Part 18 request for further information regarding expert advice
  2. 2 Whether the request is late and prejudicial
  3. 3 Whether litigation privilege applies to the expert's advice

Ratio Decidendi

The claimant must answer the Part 18 request because the information sought is relevant to the factual basis of the claim and can be addressed without prejudicing trial preparation; privilege and waiver issues may be asserted and resolved separately.

Court Disposition

Application granted

Orders

  • Claimant to answer the Part 18 request for further information
  • Privilege and waiver issues to be addressed at trial if asserted