- Pre-action disclosure in the Commercial Court—a rarity (Carillion plc (in liquidation) v KPMG LLP)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The Commercial Court dismissed an application for pre-action disclosure brought by Carillion against KPMG. This is yet another important example of the Commercial Court’s reluctance to order pre-action disclosure; most especially in audit cases where the vast body of its case law indicates that it is inappropriate to make such orders. The decision is of interest given the court’s conclusion that the threshold test allowing it to order pre-action disclosure was passed; but that it would decline to make such an order exercising its discretion judiciously. Written by Christopher Snell, barrister, at New Square Chambers.
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