West Africa Gas Pipeline Co Ltd v Willbros Global Holdings Inc [2012] EWHC 396

Willbros had provided a guarantee in relation to a contract between West Africa and its contractors. West Africa terminated the contract and completed the project using different contractors, seeking payment from Willbros for additional costs incurred.

During e-disclosure a number of problems occurred including duplication of documents, inconsistent redaction, inadequate collection and preservation of documents, and errors by outsourced reviewers. Willbros was awarded damages to compensate them for increased work of its solicitors and litigation support providers.

The Court ordered that the damages awarded to Willbros applied in any event, regardless of the outcome of the case. It is important to ensure that during litigation e-disclosure systems and any outsourcing used are used appropriately as the courts will not be sympathetic to errors caused by inadequate practices.