Murphy -v- Depuy Orthopaedics Inc. & ors [2016] IECA 15 (03 February 2016)

Murphy -v- Depuy Orthopaedics Inc. & ors [2016] IECA 15 (03 February 2016)

Defendants who plead reliance on s. 6(e) of the Liability for Defective Products Act 1991 are obliged to provide particulars of the state of scientific and technical knowledge relevant to the alleged defects at the time the product was put into circulation. Expert reports do not suffice as particulars of fact in pleadings. The plaintiff is entitled to know the facts upon which the defendants propose to rely for this defence.

Citation
[2016] IECA 15
Parties
Plaintiff/respondent: Richard Murphy; Defendant/appellant: DePuy Orthopaedics Inc.; Defendant/appellant: DePuy International Limited; Defendant/appellant: DePuy France; Defendant/appellant: The Health Service Executive
Jurisdiction
Ireland
Judgment Date
03 February 2016
Procedural Posture
Appeal / Judgment on Appeal Against High Court Order Compelling Replies to Particulars
Outcome
Appeal dismissed with variation
Legal Topics
Defective Products, Pleading Particulars, Liability for Defective Products Act 1991, Scientific and Technical Knowledge Defence, Civil Liability and Courts Act 2004
Product Liability Personal Injury Civil Procedure Defective Products Pleading Particulars Liability for Defective Products Act 1991 Scientific and Technical Knowledge Defence Civil Liability and Courts Act 2004

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Richard Murphy

Plaintiff/respondent

DePuy Orthopaedics Inc.

Defendant/appellant

DePuy International Limited

Defendant/appellant

DePuy France

Defendant/appellant

The Health Service Executive

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against High Court Order Compelling Replies to Particulars

Legal Issues

  1. 1 Whether defendants are obliged to provide particulars of the state of scientific and technical knowledge relevant to alleged defects under s. 6(e) of the Liability for Defective Products Act 1991
  2. 2 Whether expert reports suffice as particulars of fact in pleadings
  3. 3 Scope of obligation to provide particulars under s. 13(1)(b) of the Civil Liability and Courts Act 2004

Ratio Decidendi

Defendants who plead reliance on s. 6(e) of the Liability for Defective Products Act 1991 are obliged to provide particulars of the state of scientific and technical knowledge relevant to the alleged defects at the time the product was put into circulation. Expert reports do not suffice as particulars of fact in pleadings. The plaintiff is entitled to know the facts upon which the defendants propose to rely for this defence.

Court Disposition

Appeal dismissed with variation

Orders

  • Order requiring defendants to reply to the particular: 'the state of scientific and technical knowledge relevant to the alleged defects at the date the hip replacement product inserted into the plaintiff was put into circulation.'