By Mark Tottenham BL in Honohan (Master), Ireland High Court 2 Comments Tags: Human rights, Rules of evidence, Summary judgment
Allied Irish Banks PLC v. Collins
(Master of the High Court, 16 November 2011)
Master of the High Court sends debt collection case forward for plenary hearing.
Summary summons – “leave to defend” – order 2, Rules of Superior Courts – O 37, r 10, RSC – avenue available to any defendant refused leave to defend – position of lay litigants – patience of court – crowded Monday morning lists – whether hearings fair More
By Mark Tottenham BL in Honohan (Master) No Comments Tags: Discovery, Family law, Practice and procedure
M v. M (Master of the High Court, 19 October 2011)
Master of the High Court grants limited discovery of statements of bank account in family law proceedings and refuses discovery of other documentation sought. (Link to decision.)
Discovery – family law – claim for documents in relation to Swiss trust fund held by respondent – whether party had concealed a materially significant portion of income or wealth – whether affidavit of means contested – More
By Mark Tottenham BL in Honohan (Master) No Comments Tags: Discovery, Personal injuries, Practice and procedure
Reilly v. Calabine (Master of the High Court, 19 October 2011)
Master of High Court refuses discovery of documents in claim for damages arising from accident in workplace. (Link to decision.)
Discovery – whether “real and genuine need” for documents – whether “evidential deficit” arose – whether facts related to cause of action as pleaded – suggested methodology for weighing each discovery application – More
By Mark Tottenham BL in Honohan (Master) 1 Comment Tags: Discovery, Personal injuries, Practice and procedure
McKeown v. Dairygold Trading Ltd [2011] MR1 (11 March 2011)
Master of the High Court refuses application for discovery of medical records and names and addresses of witnesses. (Link to decision.)
Discovery – personal injuries action – medical records – names and addresses of witnesses – whether real need for discovery – proportionality between volume of documents to be discovered and the degree to which the documents are likely to advance the case – pre-accident medical records – whether discovery should be granted to facilitate lodgement – whether discovery should be ordered prior to defence.
McGrory v. ESB [2003] I.R. 407
Taylor v. Clonmel Healthcare [2004] I.R. 169, 179
Ryanair plc. v. Aer Rianta [2003] 4 I.R. 264
Framus v. CRH