Lalana Hans Place Ltd v Michael Barclay Partnership LLP

Lalana Hans Place Ltd v Michael Barclay Partnership LLP

The claimant should answer the request for further information because it is arguably relevant to the issues at trial, and any claim to privilege can be asserted in the response and determined separately. The application, though late, does not prejudice trial preparation and can be accommodated.

Parties
Claimant: Lalana Hans Place Limited; Defendant: Michael Barclay Partnership LLP
Jurisdiction
England and Wales
Judgment Date
13 January 2017
Procedural Posture
Civil / Interlocutory Application (request for Further Information Before Trial)
Outcome
Application granted
Legal Topics
Litigation Privilege, Disclosure, Expert Evidence, Requests for Further Information
Civil Procedure Construction Law Litigation Privilege Disclosure Expert Evidence Requests for Further Information

Case Brief

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Parties

Lalana Hans Place Limited

Claimant

Michael Barclay Partnership LLP

Defendant

Procedural Posture

Civil / Interlocutory Application (request for Further Information Before Trial)

Legal Issues

  1. 1 Whether the claimant should be required to answer a request for further information regarding advice given by its expert at the time remedial works were instructed
  2. 2 Whether the request is made too late and would prejudice trial preparation
  3. 3 Whether privilege attaches to the advice given by the claimant's expert and whether any privilege has been waived

Ratio Decidendi

The claimant should answer the request for further information because it is arguably relevant to the issues at trial, and any claim to privilege can be asserted in the response and determined separately. The application, though late, does not prejudice trial preparation and can be accommodated.

Court Disposition

Application granted

Orders

  • The claimant shall answer the defendant's request for further information. The claimant may assert privilege in its response, and any subsequent debate on privilege will be dealt with at the start of trial.