PHD Modular Access Services v Seele GmbH

During an adjudication, the seventh between the parties,  PHD sought disclosure and pre-claim disclosure under CPR Part 31.

Proceedings had to be anticipated and not just be a possibility.  There had to be a real prospect that there would be proceedings between the parties.

PHD had been successful in its adjudications and there was no indication that Seele intended to take things further and challenge the decision. It would be odd if PHD as the succesful party were considering proceedings to hold on to those decisions where there was no indication that the unsuccessful party was going to chaslleneg them.

The judge was not therefore convinced that there was a real prospect of proceedings and that as a matter of discretion it would not yet be appropriate to issue such an order on disclosure.

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