McCabe & anor -v- Irish Life Assurance PLC [2015] IECA 239 (09 November 2015)

McCabe & anor -v- Irish Life Assurance PLC [2015] IECA 239 (09 November 2015)

The delivery of interrogatories is necessary for fair disposal and cost-saving; there is no evidence of unfairness or oppression; interrogatories admit of clear answers and are appropriate in insurance disputes involving alleged material non-disclosure.

Citation
[2015] IECA 239
Parties
Plaintiff/respondent: Joseph McCabe; Plaintiff/respondent: Clara McCabe; Defendant/appellant: Irish Life Assurance plc; Third Party: Danske Bank a/s trading as National Irish Bank
Jurisdiction
Ireland
Judgment Date
09 November 2015
Procedural Posture
Appeal / Judgment on Appeal Against High Court Refusal to Permit Delivery of Interrogatories
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Interrogatories, Material Non Disclosure, Life Assurance, Pre Trial Procedures
Civil Procedure Insurance Law Interrogatories Material Non Disclosure Life Assurance Pre Trial Procedures

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Parties

Joseph McCabe

Plaintiff/respondent

Clara McCabe

Plaintiff/respondent

Irish Life Assurance plc

Defendant/appellant

Danske Bank a/s trading as National Irish Bank

Third Party

Procedural Posture

Appeal / Judgment on Appeal Against High Court Refusal to Permit Delivery of Interrogatories

Legal Issues

  1. 1 Whether leave should be granted to deliver interrogatories to plaintiffs in an insurance dispute
  2. 2 Whether delivery of interrogatories would be unfair or oppressive
  3. 3 Whether interrogatories are necessary for fair disposal or saving costs

Ratio Decidendi

The delivery of interrogatories is necessary for fair disposal and cost-saving; there is no evidence of unfairness or oppression; interrogatories admit of clear answers and are appropriate in insurance disputes involving alleged material non-disclosure.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Leave granted to deliver interrogatories to plaintiffs, subject to minor amendments as set out in the schedule