Tom Bain, solicitor, Berwin Leighton Paisner:
Akenhead J’s judgment in PHD Modular Access Services Ltd v Seele GmbH provides a useful analysis of when a party can apply for pre-action disclosure under CPR Part 31.16 and the breadth of the order sought by the applicant, particularly where there are ongoing adjudication proceedings.
It is a common consideration where disputes arise between parties in the construction industry. One may seek useful documents from the other prior to any formal proceedings. The practice is often described (though sometimes unfairly) as “fishing”. The party may be looking to see if it can get a “nibble” when it dangles its metaphorical hook to gather more evidence for a claim. (more…)