Pre-action disclosure

In Travelers Insurance Co Ltd v Countrywide Surveyors Ltd [2010] EWHC 2455 (TCC) Coulson J ruled that the High Court’s jurisdiction to order pre-trial disclosure of documents does not extend to arbitrations. The decision was one reached by Coulson J with some regret, as the court was of the view that in the circumstances an order would have narrowed the issues between the parties and possibly removed all need for a hearing.

Countrywide Surveyors: the facts

Countrywide Surveyors, whose business included conducting residential surveying services, was insured by the claimant insurers under a professional indemnity policy incepting on 25 May 2008. The insurance contained the familiar provision removing any right of avoidance for non-disclosure or misrepresentation in the absence of fraud, and it went on to state that any dispute regarding the application of the clause was to be referred to arbitration. Other disputes were to go to court.