Secretary of State for Transport v Pell Frischmann Consultants
Ltd
[2007]
BLR 46 TCC, [2006] EWHC 2756 (TCC)
Nature of case
This case derives from the Thelwall Viaduct project (which
also gave rise to AMEC v Secretary of
State (John Marrin QC, Sarah Hannaford QC, Simon Hughes QC). Pell Frischman was
the engineer for the project and the Secretary of State issued
proceedings against the firm and AMEC. This hearing
concerned an application for disclosure of documents made by
Pell Frischman against a non-party to the proceedings brought
by the Secretary of State, namely AMEC, and the threshold
requirements for such an order, namely obvious relevance and
likelihood of assisting both sides in the action. The
application was dismissed on the facts in relation to these
requirements. The Secretary of State was represented,
although not a party to the application, as being directly
interested in the outcome.
Counsel:
Jessica Stephens Adam Constable QC
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