Galliford Try Construction Ltd v Mott MacDonald Ltd [2008] EWHC 603 (TCC) (14 March 2008)

Galliford Try Construction Ltd v Mott MacDonald Ltd [2008] EWHC 603 (TCC) (14 March 2008)

The material in paragraphs 39-48 of Mr Martin's statement and referenced documents arose from genuine negotiations between the parties, was without prejudice, and is inadmissible; inadvertent disclosure did not constitute waiver of privilege.

Citation
[2008] EWHC 603 (TCC)
Parties
Claimant: Galliford Try Construction Ltd; Defendant: Mott MacDonald Ltd; Third Party: Third Party (Steelwork Subcontractor)
Jurisdiction
England and Wales
Judgment Date
14 March 2008
Procedural Posture
Application in Ongoing Civil Proceedings / Pre Trial Interlocutory Application
Outcome
Application granted
Legal Topics
Without Prejudice Privilege, Admissibility of Evidence, Disclosure and Waiver, Duty of Care in Construction, Negotiation and Settlement
Civil Procedure Evidence Construction Law Without Prejudice Privilege Admissibility of Evidence Disclosure and Waiver Duty of Care in Construction Negotiation and Settlement

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Parties

Galliford Try Construction Ltd

Claimant

Mott MacDonald Ltd

Defendant

Third Party (Steelwork Subcontractor)

Third Party

Procedural Posture

Application in Ongoing Civil Proceedings / Pre Trial Interlocutory Application

Legal Issues

  1. 1 Are paragraphs 39-48 of Mr Martin's statement and referenced documents negotiations between Claimant and Defendant?
  2. 2 Is the material without prejudice and thus inadmissible?
  3. 3 Has privilege/admissibility been waived by Defendant?

Ratio Decidendi

The material in paragraphs 39-48 of Mr Martin's statement and referenced documents arose from genuine negotiations between the parties, was without prejudice, and is inadmissible; inadvertent disclosure did not constitute waiver of privilege.

Court Disposition

Application granted

Orders

  • Paragraphs 39-48 of Mr Martin's witness statement to be excised.
  • Referenced documents to be excluded from trial bundles.