Maye -v- Adams & ors [2015] IEHC 530 (31 July 2015)

Maye -v- Adams & ors [2015] IEHC 530 (31 July 2015)

Inspection of the unredacted settlement agreement is necessary for the fair disposal of the action where the plaintiff's claim is grounded on it and the information is relevant to the pleaded issues. Confidentiality does not bar disclosure of relevant material, but the court may impose conditions to mitigate loss of confidentiality, especially regarding third parties. Disclosure of irrelevant or purely tactical information may be refused.

Citation
[2015] IEHC 530
Parties
Plaintiff: Anne Maye; Defendants: Alan Adams & ors (including Byrne Wallace Solicitors and Kieran Duggan)
Jurisdiction
Ireland
Judgment Date
31 July 2015
Procedural Posture
Interlocutory Motion in Consolidated Plenary Proceedings / Discovery/inspection of Documents
Outcome
Order granted in part
Legal Topics
Discovery and Inspection of Documents, Confidentiality in Litigation, Mitigation of Loss, Privilege
Civil Procedure Professional Negligence Discovery and Inspection of Documents Confidentiality in Litigation Mitigation of Loss Privilege

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Parties

Anne Maye

Plaintiff

Alan Adams & ors (including Byrne Wallace Solicitors and Kieran Duggan)

Defendants

Procedural Posture

Interlocutory Motion in Consolidated Plenary Proceedings / Discovery/inspection of Documents

Legal Issues

  1. 1 Whether the defendants are entitled to inspection of an unredacted settlement agreement entered into by the plaintiff with NAMA
  2. 2 Whether confidentiality or irrelevance justifies redaction of parts of the settlement agreement
  3. 3 Whether disclosure of certain clauses would confer an unfair litigious advantage

Ratio Decidendi

Inspection of the unredacted settlement agreement is necessary for the fair disposal of the action where the plaintiff's claim is grounded on it and the information is relevant to the pleaded issues. Confidentiality does not bar disclosure of relevant material, but the court may impose conditions to mitigate loss of confidentiality, especially regarding third parties. Disclosure of irrelevant or purely tactical information may be refused.

Court Disposition

Order granted in part

Orders

  • Plaintiff to permit inspection and copying by defendants of clauses 6, 8.9, 13.9, 13.10, 14, and 15.3 of the settlement agreement, with reference to a 'reconciliation figure' instead of actual figures in clauses 6.3 and 6.5.
  • Names of co-obligors not to be used in pleadings or open court; initials or agreed anonymisation to be used.