Caselaw Digest
Caselaw Digest

BDW Trading Limited v URS Corporation Limited & Anor

24 July 2024
[2024] EWHC 1890 (TCC)
High Court
A big construction lawsuit is happening. The judge decided against adding a search term because it would cost too much, but added two important people to the list of those whose emails need to be checked for evidence.

Key Facts

  • Dispute between BDW Trading Limited (Barratt Homes group) and URS Corporation Limited & AECOM Infrastructure & Environment UK Limited (AECOM group) regarding structural defects in multiple buildings.
  • The case is part of a larger set of disputes stemming from 'Project Ashby', an investigation into structural defects in buildings designed by AECOM.
  • The dispute concerns disclosure of documents, specifically search terms and custodians.
  • The CMC focused on two points: initial search terms and custodians' emails to be searched.
  • AI disclosure software is being used to reduce duplication.

Legal Principles

Outcomes

The additional search term 'Project Ashby' was declined.

The court found that the additional search term would produce additional work for a relatively limited return. Relevant documents would likely be caught by the existing 'Barrier Park' search term. The absence of any crucial documents (e.g., board minutes) would be readily apparent and could be addressed later through specific disclosure requests.

Mr. Boyes and Mr. Thomas were added to the list of custodians.

The court considered that they may possess high-level documents not accessible to others. The use of AI software would mitigate any duplication concerns.

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