Boygues (UK) Ltd v Sharpfibre Ltd [2020] EWHC 1309 (TCC) (27 May 2020)

Boygues (UK) Ltd v Sharpfibre Ltd [2020] EWHC 1309 (TCC) (27 May 2020)

The court allowed BYUK's full contingent cost for written submissions, finding these costs were not included in the trial phase budget. The court adopted MP's narrower formulation for disclosure, requiring a reasonable search for documents suggesting non-compliance, and refused disclosure of narrative documents as unnecessary and disproportionate.

Citation
[2020] EWHC 1309 (TCC)
Parties
Claimant: Bouygues (U.K.) Limited; Defendant: Sharpfibre Limited; Third Party: Mountford Pigott LLP
Jurisdiction
England and Wales
Judgment Date
27 May 2020
Procedural Posture
Civil (construction Dispute) / Case Management Conference (cmc) and Interlocutory Applications
Outcome
Interlocutory applications determined; directions given for cost budgeting and disclosure.
Legal Topics
Defective Cladding, Disclosure, Cost Budgeting, Contribution Claims
Construction Law Civil Procedure Defective Cladding Disclosure Cost Budgeting Contribution Claims

Case Brief

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Parties

Bouygues (U.K.) Limited

Claimant

Sharpfibre Limited

Defendant

Mountford Pigott LLP

Third Party

Procedural Posture

Civil (construction Dispute) / Case Management Conference (cmc) and Interlocutory Applications

Legal Issues

  1. 1 Whether the cost budget for written submissions should be allowed as a contingent cost
  2. 2 Appropriate formulation and scope of disclosure issues between Sharpfibre and Mountford Pigott LLP
  3. 3 Whether narrative documents should be disclosed under PD 51U

Ratio Decidendi

The court allowed BYUK's full contingent cost for written submissions, finding these costs were not included in the trial phase budget. The court adopted MP's narrower formulation for disclosure, requiring a reasonable search for documents suggesting non-compliance, and refused disclosure of narrative documents as unnecessary and disproportionate.

Court Disposition

Interlocutory applications determined; directions given for cost budgeting and disclosure.

Orders

  • BYUK's contingent cost for written submissions allowed in full.
  • Disclosure between Sharpfibre and MP to proceed on MP's narrower formulation.