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ARTICLE · 08 NOVEMBER 2011

Pre-Action Disclosure

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In the case of PHD Modular Access Services Ltd v Seele GmbH, [2011] EWHC 2210, Mr. Justice Akenhead in the TCC addressed the issue of to what extent, if at all, it is necessary to show that proceedings are actually contemplated or likely or less than likely in order for a party to be awarded Pre-Action Disclosure under CPR 31.16.

United KingdomCorporate/Commercial Law
Claire King
Claire King
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In the case of PHD Modular Access Services Ltd v Seele GmbH, [2011] EWHC 2210, Mr. Justice Akenhead in the TCC addressed the issue of to what extent, if at all, it is necessary to show that proceedings are actually contemplated or likely or less than likely in order for a party to be awarded Pre-Action Disclosure under CPR 31.16.

The Facts

Seele Gmbh ("Seele") was employed as the principal contractor working on the substantial refurbishment of Kings Cross Station. They in turn employed PHD Modular Access Services Ltd ("PHD") to carry our scaffolding works necessary for Seele's works in connection with the installation of the main concourse roof. A significant dispute arose between the parties with PHD arguing it was entitled to substantially more money for additional works and in relation to delays caused to its works.

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