Burrells Wharf Freeholds Limited v Galliard Homes Limited
Citation: 2 TCLR 54; (1992) 2 EGLR 81; [1999] 22EG 82; [1999] NPC 79
Nature of case:
The applicant acquired through the respondent’s agent a freehold of 406 flats on the condition that outstanding building regulation requirements relating to the estate’s development would be complied with. Serious defects in the buildings were discovered and the applicant applied for pre-action disclosure of documents pursuant to CPR 31.16(3), the requirements of which the respondent claimed were not satisfied. The respondent further claimed that the Civil Procedure (Modification of Enactments) Order 1998 Art.5, which modified certain provisions in the Supreme Court Act 1981 in relation to pre-action disclosure, was ultra vires. Allowing the application, the court held that Art.5 of the 1998 Order was valid, and the requirements of CPR 31.16(3) of the 1998 Rules were satisfied.
