Discovery granted in disqualification proceedings prior to replying affidavits.

Apr 13, 2012 By Mark Tottenham BL in Kelly (Master), Northern Ireland High Court No Comments Tags: Company law, Discovery

In Re Presbyterian Mutual Society Ltd; Department of Enterprise v. Black [2012] NIMaster 1
(High Court of Northern Ireland, Master Kelly, 26 January 2012)

Northern Irish High Court grants discovery of documentation in disqualification proceedings, prior to issue of replying affidavits.

Discovery – Order 24 Rule 7, Rules of the Supreme Court (NI) 1980 – disqualification proceedings brought against former directors – discovery sought prior to issue of replying affidavits – legal privilege – “fishing” – company in administration – Article More

Refusal of discovery in European arrest warrant application.

Mar 8, 2012 By Mark Tottenham BL in Murray J No Comments Tags: Discovery, European arrest warrant, Fraud, Practice and procedure

Minister for Justice v. McGuigan [2012] IESC 17
(Supreme Court, Murray J (nem diss), 23 February 2012)

Supreme Court: a) allows appeal from order of discovery of material in European Arrest Warrant application; and b) strikes out certain points of objection as constituting abuse of process. (Full text.)

European arrest warrant – application for discovery – appeal from High Court – alleged offences of terrorism and illicit trafficking of weapons and munitions – discovery order made in High Court of: requests for assistance from Lithuania More

Discovery granted in trademark infringement action.

Feb 17, 2012 By Mark Tottenham BL in Gilligan J No Comments Tags: Discovery, Intellectual property, Practice and procedure

Bayerische Moteren Werke (BMW) Aktiengesellschaft v. Ronayne [2011] IEHC 509
(High Court, Gilligan J, 14 December 2011)

High Court grants discovery of documents and audio recordings relating to radio campaign in action for infringement of trademark. (Full text.)

Intellectual property – trademark – application for discovery – s. 18, Trademarks Act 1996 – Art 102, Council Regulations 207/2009 – infringement of trademark – use of name “BMWCare” – documents evidencing use of name – documents and More

Time extended for making of complex discovery.

Feb 10, 2012 By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Commercial Court, Discovery, Practice and procedure

Thema International Fund PLC v. HSBC International Trust Services [Ireland] (No 2) [2011] IEHC 496
(High Court, Clarke J, 17 October 2011)

High Court grants extension of time to comply with order of discovery in complex commercial case. (Full text.)

Application to extend time to make discovery – case management – Commercial Court – Madoff litigation – four relevant actions – difficulties reaching time limit to make discovery – whether extension sought was excessive – “rolling More

M v. M – Master of High Court – Discovery, family law

Nov 18, 2011 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

Reilly v. Calabine – Master of High Court – Discovery

Nov 18, 2011 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

McLaughlin v. Aviva – SC – Discovery, privilege claimed by Gardaí

Nov 18, 2011 By Mark Tottenham BL in Denham CJ, Hardiman J, O'Donnell J No Comments Tags: Discovery, Insurance, Policing law, Practice and procedure

McLaughlin v. Aviva Insurance (Europe) PLC [2011] IESC 42
(Supreme Court, Denham CJ, Hardiman J (diss), O’Donnell J, 15 November 2011)

Supreme Court allows appeal from High Court (Kelly J) and holds that Gardaí were entitled to claim privilege over CCTV footage sought by plaintiff in civil proceedings, notwithstanding that footage was plaintiff’s own property handed to Gardaí as part of criminal investigation.

Denham CJ (Full text.) Non-party discovery – privilege – claim against insurer for failing to indemnify in relation to fire – allegation that plaintiff responsible for fire – CCTV footage handed by plaintiff to Garda for investigation – privilege claimed by Garda over footage – ongoing criminal More

Thema International Fund PLC v. HSBC Institutional Trust Services – HC – Funding of litigation, third party, disclosure

Oct 12, 2011 By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Costs, Discovery, Practice and procedure

Thema International Fund PLC v. HSBC Institutional Trust Services [Ireland] Ltd [2011] IEHC 357 (20 September 2011)

High Court (Clarke J) refuses application for order disclosing plaintiff’s third-party funding, on condition that undertakings are made on behalf of plaintiff to: a) inform third-party funders of court’s jurisdiction to make costs orders against them; and b) keep proper records of amounts and sources of third-party funding. (Full text.)

Disclosure orders – litigation under case management (Madoff) – allegation that third party funding plaintiff’s litigation – whether court has jurisdiction to order costs against said third party – disclosure of source of funding – O’Keeffe v. Scales [1998] 1 I.R. 290 – issue of “maintenance and champerty” – order for costs against third-party funders – distinction between parties with an interest and “professional third-party funders” – whether adversary entitled to detailed information about funding – undertakings to court.

Kalix Fund Ltd & Anor v HSBC Institutional Trust Services (Ireland) [2009] IEHC 457;
Thema International Fund PLC & Anor v HSBC Institutional Trust Services (Ireland) [2010] IEHC 19;
Aforge Finance S.A.S. & Ors v HSBC Institutional Trust Services (Ireland) Ltd [2009] IEHC 565 & [2011] IEHC 6
Cullen v. Wicklow County Manager [2010] IESC 49
Moorview Developments Limited v. First Active Plc [2011] IEHC 117
Hill v. Archbold [1968] 1 Q.B. 686
Abraham v. Thompson [1997] 4 All E.R. 362
Saunders v. Haughton [2009] NZCA 610
Chartspike PPY Ltd v. Chahoud [2001] NSWSC 585
Merchantbridge & Company Limited & Anor v. Saffron General Partner 1 Limited & Ors [2011] EWHC 1524 (Comm)
Raiffeisen Zentral Bank Ostereich Ag v. Crosseas Shipping Limited & Ors [2003] EWHC 1381 (Comm)

McKeown v. Dairygold Trading Ltd – Master’s Court – Discovery, medical records

Aug 23, 2011 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

GH v. I and G – SC – Costs, revenue investigation, order to provide information

Aug 8, 2011 By Mark Tottenham BL in Denham CJ No Comments Tags: Costs, Discovery, Taxation

GH v. I and G [2011] IESC 31 (29 July 2011)

Supreme Court (Denham CJ) dismisses appeal from decision of High Court (O’Sullivan J) awarding costs to respondent in application by revenue for information relating to investigation of bogus non-resident bank accounts. (Full text.)

Order for costs – taxation – High Court orders directing respondents to provide information to applicant tax inspectors in relation to bogus non-resident bank accounts – s 908 of the Taxes Consolidation Act, 1997 (as amended) – order that applicant pay to the respondents the costs of the previous applications, and costs of complying with order – whether conduct of respondents required that they pay costs – whether principle existed that, where a party carried out work for benefit of other party that they were entitled to the costs and expenses thereof – discretion of trial judge to award costs – nature of s 908 application – whether costs of financial institution in complying with order to provide information to revenue authorities should be borne by revenue authorities.

O’C (J.B.) v. D. (P.C.) H.C.S.C. [1985] 1 I.R. 265

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