Source: All England Reporter
Publisher Citation: [2015] All ER (D) 186 (Jun)
Neutral Citation: [2015] EWHC 1521 (TCC)
Court: Queen's Bench Division, Technology and Construction Court (Manchester District Registry)
Judge:

Judge Stephen Davies (Sitting as a Judge of the High Court)

Representation Justin Mort QC for the claimant.
  Lucy Coulter for the defendant.
Judgment Dates: 22 April 2015

Catchwords

Disclosure and inspection of documents - Order for disclosure - Specific disclosure - Expert evidence - Claimant firm, offering quantity surveying and project management services, bringing action for payment for outstanding invoices in relation to professional services provided to defendant in relation to project to develop property - After case management conference stage and shortly before trial, claimant applying for specific disclosure and permission to rely on expert evidence of forensic accountant - Whether permission to be granted.

The Case

Disclosure and inspection of documents Order for disclosure. The claimant firm brought an action seeking payment for outstanding invoices in relation to professional services provided to the defendant in relation to a project to develop a property in Lancashire. The defendant counterclaimed, alleging professional negligence. Shortly before the trial, the claimant applied for specific disclosure and permission to rely upon the expert evidence of a forensic accountant. The Chancery Division dismissed the application where the matter in respect of which specific disclosure and expert evidence was sought, was not a key issue in the context of the case, and considering the lateness of the application.

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