Marcus Cooper & Anor v Thameside Construction Company Ltd

Marcus Cooper & Anor v Thameside Construction Company Ltd

The application for specific disclosure of quantum documents for the period 1 January 2004 to 31 December 2007 was not properly made and was disproportionate. The court exercised its discretion to order limited disclosure of quantum documents relating only to furniture, fixtures, and fittings for the period 1 January 2006 to 31 December 2007, excluding building works. Requests regarding liability documents were dismissed as already covered by a previous order. A procedure was set for resolving privilege disputes via independent counsel.

Parties
Claimant: Marcus Cooper & anr; Defendant: Thameside Construction Company Limited
Jurisdiction
England and Wales
Judgment Date
01 December 2015
Procedural Posture
Civil (disclosure Application) / Interlocutory Application for Specific Disclosure
Outcome
Application granted in part, dismissed in part
Legal Topics
Specific Disclosure, Quantum of Damages, Legal Professional Privilege, Case Management, Subrogation
Civil Procedure Construction Law Insurance Law Specific Disclosure Quantum of Damages Legal Professional Privilege Case Management Subrogation

Case Brief

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Parties

Marcus Cooper & anr

Claimant

Thameside Construction Company Limited

Defendant

Procedural Posture

Civil (disclosure Application) / Interlocutory Application for Specific Disclosure

Legal Issues

  1. 1 Whether the Claimants should be ordered to provide specific disclosure of documents relating to quantum for the period 1 January 2004 to 31 December 2007
  2. 2 Whether the disclosure request was proportionate and properly made
  3. 3 Whether documents relating to liability were already covered by a previous court order

Ratio Decidendi

The application for specific disclosure of quantum documents for the period 1 January 2004 to 31 December 2007 was not properly made and was disproportionate. The court exercised its discretion to order limited disclosure of quantum documents relating only to furniture, fixtures, and fittings for the period 1 January 2006 to 31 December 2007, excluding building works. Requests regarding liability documents were dismissed as already covered by a previous order. A procedure was set for resolving privilege disputes via independent counsel.

Court Disposition

Application granted in part, dismissed in part

Orders

  • Claimants to search for and disclose documents relating to furniture, fixtures, and fittings (value over £1,000) for the period 1 January 2006 to 31 December 2007, with agreed keywords for electronic search.
  • No order for disclosure of building works or finishes prior to 1 January 2008.