PHD Modular Access Services Ltd v Seele, GmbH

PHD Modular Access Services Ltd v Seele, GmbH

The application for pre-action disclosure was dismissed because there was insufficient evidence that court proceedings were genuinely anticipated between the parties, and the disclosure sought was too wide and disproportionate at this stage.

Parties
Applicant: PHD Modular Access Services Limited; Respondent: Seele GmbH
Jurisdiction
England and Wales
Judgment Date
08 August 2011
Procedural Posture
Application for Pre Action Disclosure / Judgment on Application for Pre Action Disclosure Under CPR Part 31.16
Outcome
Application dismissed
Legal Topics
Pre Action Disclosure, CPR Part 31.16, Adjudication, Disclosure of Documents
Civil Procedure Construction Law Pre Action Disclosure CPR Part 31.16 Adjudication Disclosure of Documents

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Parties

PHD Modular Access Services Limited

Applicant

Seele GmbH

Respondent

Procedural Posture

Application for Pre Action Disclosure / Judgment on Application for Pre Action Disclosure Under CPR Part 31.16

Legal Issues

  1. 1 Whether pre-action disclosure should be ordered under CPR Part 31.16
  2. 2 Whether court proceedings are 'anticipated' within the meaning of CPR Part 31.16(3)(d)

Ratio Decidendi

The application for pre-action disclosure was dismissed because there was insufficient evidence that court proceedings were genuinely anticipated between the parties, and the disclosure sought was too wide and disproportionate at this stage.

Court Disposition

Application dismissed