Source: All England Reporter
Publisher Citation: [2010] All ER (D) 63 (Oct)
Neutral Citation: [2010] EWHC 2455 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Coulson J
Representation Sean Brannigan QC (instructed by CMS Cameron McKenna) for the claimant.
  Michael Soole QC (instructed by Countrywide Legal) for the defendant.
Judgment Dates: 6 September 2010

Catchwords

Arbitration - Disclosure and inspection of documents - Jurisdiction - Parties to insurance contract incorporating condition referring disputes regarding fraud and misrepresentation to arbitration - Dispute arising concerning fraud and misrepresentation - Claimant seeking disclosure of documents pursuant to civil procedure rules - Whether pre-action disclosure to be ordered under CPR where underlying dispute to be decided in arbitration and not in High Court - CPR 31

The Case

Arbitration Disclosure and inspection of documents. The Technology and Construction Court held, in dismissing the claimant's application for pre-action disclosure pursuant to CPR 31.16, that pre-action disclosure could not be ordered under that provision of the CPR where the underlying dispute fell, through the parties choice, to be decided in arbitration and not in High Court.

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