Secretary of State for Transport v Pell Frischmann Consultants Ltd
Citation: BLR 46 TCC,  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.