Bourke & anor -v- Royal and Sun Alliance plc & ors [2016] IEHC 614 (08 November 2016)

Bourke & anor -v- Royal and Sun Alliance plc & ors [2016] IEHC 614 (08 November 2016)

The court held that the interrogatories sought by the plaintiffs were unnecessary, overly broad, and not conducive to the fair disposal of the issues in the case. The relevant documents were admitted under the Bula/Fyffes principle, and the issues raised required oral evidence due to their complexity. The plaintiffs could give evidence themselves on many matters. Accordingly, leave to deliver the interrogatories was refused.

Citation
[2016] IEHC 614
Parties
Plaintiffs: John Bourke and Francis O’Doherty practicing under the style and title of Bourke and Company Solicitors; First Defendant: Royal and Sun Alliance plc; Second to Fifth Defendants: Hugh J. Millar, Finbarr J. Crowley, J. W. Carroll and Catherine Keane trading under the title and style of Crowley Millar, Solicitors
Jurisdiction
Ireland
Judgment Date
08 November 2016
Procedural Posture
Application for Leave to Deliver Interrogatories (order 31, Rule 1 Rsc) in Ongoing Professional Indemnity Insurance Dispute / Interlocutory Application
Outcome
Application refused
Legal Topics
Professional Indemnity Insurance, Conflict of Interest, Solicitor's Duties, Interrogatories, Discovery, Waiver of Privilege
Insurance Law Professional Negligence Civil Procedure Professional Indemnity Insurance Conflict of Interest Solicitor's Duties Interrogatories Discovery +1 more

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Parties

John Bourke and Francis O’Doherty practicing under the style and title of Bourke and Company Solicitors

Plaintiffs

Royal and Sun Alliance plc

First Defendant

Hugh J. Millar, Finbarr J. Crowley, J. W. Carroll and Catherine Keane trading under the title and style of Crowley Millar, Solicitors

Second to Fifth Defendants

Procedural Posture

Application for Leave to Deliver Interrogatories (order 31, Rule 1 Rsc) in Ongoing Professional Indemnity Insurance Dispute / Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted to deliver interrogatories to the defendants in the context of a professional indemnity insurance dispute involving alleged conflict of interest and breach of duty by solicitors.
  2. 2 Whether the interrogatories sought are necessary for the fair disposal of the cause or for saving costs under Order 31, Rule 1 of the Rules of the Superior Courts.

Ratio Decidendi

The court held that the interrogatories sought by the plaintiffs were unnecessary, overly broad, and not conducive to the fair disposal of the issues in the case. The relevant documents were admitted under the Bula/Fyffes principle, and the issues raised required oral evidence due to their complexity. The plaintiffs could give evidence themselves on many matters. Accordingly, leave to deliver the interrogatories was refused.

Court Disposition

Application refused

Orders

  • Leave to deliver interrogatories refused.