Gwelhayl Ltd v Midas Construction Ltd & Anor [2008] EWHC 2316 (TCC) (16 September 2008)

Gwelhayl Ltd v Midas Construction Ltd & Anor [2008] EWHC 2316 (TCC) (16 September 2008)

No arguable claim with real prospect of success was identified by Gwelhayl against Bailey, making pre-action disclosure inappropriate. Delivery up of documents belonging to Gwelhayl was ordered only upon payment of outstanding fees into court, with Bailey entitled to exercise a lien over documents until payment.

Citation
[2008] EWHC 2316 (TCC)
Parties
Claimant: Gwelhayl Limited; Respondent: Midas Construction Limited; Respondent: The Bailey Partnership
Jurisdiction
England and Wales
Judgment Date
16 September 2008
Procedural Posture
Application for Pre Action Disclosure and Delivery Up / Judgment on Application
Outcome
Application for pre-action disclosure dismissed; application for delivery up allowed in part.
Legal Topics
Pre Action Disclosure, Delivery Up of Documents, Professional Lien, Consultancy Agreement, Fees Dispute
Civil Procedure Construction Law Professional Negligence Pre Action Disclosure Delivery Up of Documents Professional Lien Consultancy Agreement Fees Dispute

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Parties

Gwelhayl Limited

Claimant

Midas Construction Limited

Respondent

The Bailey Partnership

Respondent

Procedural Posture

Application for Pre Action Disclosure and Delivery Up / Judgment on Application

Legal Issues

  1. 1 Whether pre-action disclosure should be ordered under CPR 31.16
  2. 2 Whether delivery up of documents should be ordered under CPR 25
  3. 3 Whether Bailey Partnership is entitled to exercise a lien over documents pending payment of fees

Ratio Decidendi

No arguable claim with real prospect of success was identified by Gwelhayl against Bailey, making pre-action disclosure inappropriate. Delivery up of documents belonging to Gwelhayl was ordered only upon payment of outstanding fees into court, with Bailey entitled to exercise a lien over documents until payment.

Court Disposition

Application for pre-action disclosure dismissed; application for delivery up allowed in part.

Orders

  • Gwelhayl to pay £10,555.41 into court; upon payment, Bailey to deliver up documents in category 2 belonging to Gwelhayl, excluding documents belonging to Bailey.
  • Both parties given liberty to apply for payment out of the sum; application to be made by 1 November 2009.