Amec Foster Wheeler Ltd v Morgan Sindall Professional Services Ltd and others

Disclosure and inspection of documents – Order for disclosure. The claimant sought declarations that the defendants were bound to provide certain documents and information that arose out of two sets of arbitration in which the defendants were involved. The claimant's interest was financial as two of the defendants had bought its business and the proceedings arose out of contracts to which it had been a party. The Technology and Construction Court, in allowing the application, held that the defendants were the claimant's agents under the contracts and that they were bound, under those documents, to provide the information sought. The defendant's submissions concerning an alleged failure on the part of the claimant to comply with the pre-action protocol and confidentiality of the documents were dismissed.

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