Ryan v Haq & Ors (Approved) [2024] IEHC 215 (12 April 2024)

Ryan v Haq & Ors (Approved) [2024] IEHC 215 (12 April 2024)

The proposed interrogatory seeks confirmation of contractual relationships, which is a legal question rather than a factual matter. Interrogatories must address facts, not legal issues or interpretations. The question posed does not meet the requirements of O. 31 RSC 1986 and established case law, and cannot be reformulated to comply. Leave to deliver the interrogatory is refused.

Citation
[2024] IEHC 215
Parties
Plaintiff: Betty Ryan; First Defendant: Ahmed Abel Haq; Second Defendant: Euro Healthcare Limited; Third Defendant: Health Service Executive; Fourth Defendant: South Tipperary General Hospital; Fifth Defendant: Astora Womens Health LLC
Jurisdiction
Ireland
Judgment Date
12 April 2024
Procedural Posture
Personal Injury Summons / Application for Leave to Deliver Interrogatories
Outcome
Application refused
Legal Topics
Interrogatories, Sale of Goods and Supply of Services Act 1980, Medical Negligence, Product Liability, Contractual Liability in Medical Services
Civil Procedure Contract Law Medical Law Interrogatories Sale of Goods and Supply of Services Act 1980 Medical Negligence Product Liability Contractual Liability in Medical Services

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 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Betty Ryan

Plaintiff

Ahmed Abel Haq

First Defendant

Euro Healthcare Limited

Second Defendant

Health Service Executive

Third Defendant

South Tipperary General Hospital

Fourth Defendant

Astora Womens Health LLC

Fifth Defendant

Procedural Posture

Personal Injury Summons / Application for Leave to Deliver Interrogatories

Legal Issues

  1. 1 Whether the proposed interrogatory seeks a permissible factual matter or an impermissible legal question under O. 31 RSC 1986
  2. 2 Whether leave should be granted to deliver interrogatories to clarify contractual liability for provision of medical device

Ratio Decidendi

The proposed interrogatory seeks confirmation of contractual relationships, which is a legal question rather than a factual matter. Interrogatories must address facts, not legal issues or interpretations. The question posed does not meet the requirements of O. 31 RSC 1986 and established case law, and cannot be reformulated to comply. Leave to deliver the interrogatory is refused.

Court Disposition

Application refused

Orders

  • Refusal of leave to deliver interrogatory set out in Notice of Motion dated 15 May 2023
  • Matter to be mentioned for costs and ancillary matters on 18 April 2024 at 10:30