LALANA HANS PLACE LTD v MICHAEL BARCLAY PARTNERSHIP LLP

[2017] EWHC 29 (TCC), Technology and Construction Court, Coulson J, 13 January 2017

Application for further information - CPR Part 18 - Lateness of application - Potential prejudice - Privilege

The claimant alleged that the defendant had failed adequately to design basement walls for a luxury development in Knightsbridge. Questions were raised about the design at the time at which the works were being carried out in 2014. A separate firm of engineers was then brought in to act as checking engineers because of the concerns which had been expressed. The claimant's case was that, on the basis of that advice, remedial works were carried out to the walls at basement level 4. At the same time as these remedial works were being carried out, the claimant instructed its own expert engineer given that litigation was, even at that point, in prospect. The present proceedings concerned the defendant's application for an order, pursuant to Part 18 of the Civil Procedure Rules, that the claimant's expert answer a request for further information relating to the advice which he had given at the time the decision was taken to undertake the remedial works and his communications with the parties who were at the time working on the project.