Introduction
Disclosure of documents in a court action can be fraught with
arguments. It is an important step, as the purpose of
disclosure is to make available evidence, which either supports or
undermines the respective parties' cases.
A recent decision in the case of Gray Construction Limited v
Harley Haddow LLP considered the issue of confidential
documents, in the context of an arbitration settlement.
Facts
Gray Construction Limited ("Gray") was suing Harley
Haddow LLP ("Harley Haddow") for damages, for alleged
breach of contract and negligence - quantified on the basis of sums
which Gray spent in an arbitration with the NHBC, about defective
house foundations at a development in Dunfermline. The
arbitration between Gray and the NHBC was settled by Gray's
payment to NHBC of £110,000. Gray sought recovery of
that sum plus one half of the arbiter's charges and other fees
and expenses.
