Further and better discovery ordered in dispute concerning residential development with defective floor insulation panels

By: James Cross BL

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High Court, in proceedings brought by developer of residential development whose houses were experiencing settlement or sinking of ground floor slabs due to allegedly defective floor insulation panels, orders further and better discovery and supplemental discovery of categories relevant and necessary for the determination of the issues, but refuses to order discovery where there was a more expedient and less costly method of obtaining the same information.

Applications for further and better discovery and for supplemental discovery - developer of residential development became aware that some of the houses were experiencing settlement or sinking of ground floor slabs in the houses causing the floors to sink below the level of the skirting boards – defective floor insulation panels - remediation scheme – cost of remediation programme – argued that the defendant agreed to meet the cost of the remediation programme and seeks an order for specific performance of that agreement – claims against manufacturer of the insulation panels – procedural history – discovery requests – relevant caselaw - requirement to show that there is not a more expedient and less costly method of obtaining the same information – making discovery – preliminary objection to request for further and better discovery – timetable for pleadings - intention to bring a motion challenging the jurisdiction of the Irish courts to hear and determine the claim the subject of the notice of indemnity and contribution – no motion brought – date of scheduled trial would require speedy compliance with any orders made – discovery made – delay in placing litigation hold - deletion of documents – failure to disclose documents - uncertainty regarding the range of data subjects against whom searches were carried out – password protected documents – privileged documents – discovery exercise carried out by the manufacturer – motion for further and better discovery – categories relating to the specific allegations made in the notice of indemnity and contribution regarding representations ought to dealt with by interrogatories or a notice to admit – temporal limits – requests for discovery which were defined and not excessively broad ordered – discovery of categories relevant and necessary for the determination of the issues ordered.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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