The Bullring Limited Partnership & Ors v Laing O'Rourke Midlands Ltd [2016] EWHC 3092 (TCC) (11 November 2016)

The Bullring Limited Partnership & Ors v Laing O'Rourke Midlands Ltd [2016] EWHC 3092 (TCC) (11 November 2016)

Early specific disclosure is ordered for maintenance records and complaints/investigations documents (categories 4, 7-9, 11-14) because their importance outweighs any claimed difficulties, claimants' delay and conduct have caused unfairness, and early provision will narrow issues and ensure a level playing field.

Citation
[2016] EWHC 3092 (TCC)
Parties
Claimant/respondent: The Bullring Limited Partnership; Claimant/respondent: Bull Ring (GP) Limited; Claimant/respondent: Bull Ring No. 1 Limited; Claimant/respondent: Bull Ring No. 2 Limited; Defendant/applicant: Laing O'Rourke Midlands Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2016
Procedural Posture
Application for Early Specific Disclosure / Pre Pleadings, Interlocutory Application
Outcome
application granted
Legal Topics
Specific Disclosure, Limitation, Pre Action Protocol, Maintenance Records, Complaints and Investigations
Civil Procedure Construction Law Specific Disclosure Limitation Pre Action Protocol Maintenance Records Complaints and Investigations

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Parties

The Bullring Limited Partnership

Claimant/respondent

Bull Ring (GP) Limited

Claimant/respondent

Bull Ring No. 1 Limited

Claimant/respondent

Bull Ring No. 2 Limited

Claimant/respondent

Laing O'Rourke Midlands Limited

Defendant/applicant

Procedural Posture

Application for Early Specific Disclosure / Pre Pleadings, Interlocutory Application

Legal Issues

  1. 1 Whether early specific disclosure should be ordered for categories of documents relevant to alleged defects and limitation issues
  2. 2 Whether claimants' conduct and delay justify early disclosure
  3. 3 Appropriate test for early disclosure under CPR Part 31.5

Ratio Decidendi

Early specific disclosure is ordered for maintenance records and complaints/investigations documents (categories 4, 7-9, 11-14) because their importance outweighs any claimed difficulties, claimants' delay and conduct have caused unfairness, and early provision will narrow issues and ensure a level playing field.

Court Disposition

application granted

Orders

  • Claimants to provide early specific disclosure of maintenance records and complaints/investigations documents (categories 4, 7-9, 11-14) by a date to be determined.
  • Claimants given liberty to apply to vary terms or date of disclosure if practical difficulties arise.