London Borough of Bromley v Heckel [2015] EWHC 3606 (TCC) (10 December 2015)

London Borough of Bromley v Heckel [2015] EWHC 3606 (TCC) (10 December 2015)

The court dismissed the disclosure application because the defendant credibly asserted he did not possess the requested documents, and refused the extension of time as Bromley failed to show good reason and could have pleaded its claim without the documents.

Citation
[2015] EWHC 3606 (TCC)
Parties
Claimant: London Borough of Bromley; Defendant: Stephen Heckel
Jurisdiction
England and Wales
Judgment Date
10 December 2015
Procedural Posture
Application for Disclosure and Extension of Time / Pre Trial Interlocutory Hearing
Outcome
Application dismissed
Legal Topics
Disclosure, Extension of Time, Project Manager Liability, Abuse of Process
Civil Procedure Construction Law Professional Negligence Disclosure Extension of Time Project Manager Liability Abuse of Process

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Parties

London Borough of Bromley

Claimant

Stephen Heckel

Defendant

Procedural Posture

Application for Disclosure and Extension of Time / Pre Trial Interlocutory Hearing

Legal Issues

  1. 1 Whether the defendant is obliged to disclose documents allegedly not in his possession
  2. 2 Whether the claimant should be granted an extension of time for service of Particulars of Claim

Ratio Decidendi

The court dismissed the disclosure application because the defendant credibly asserted he did not possess the requested documents, and refused the extension of time as Bromley failed to show good reason and could have pleaded its claim without the documents.

Court Disposition

Application dismissed

Orders

  • Disclosure application dismissed
  • Extension of time for service of Particulars of Claim refused