Waterford Credit Union Ltd. v J & E Davy [2019] IECA 157 (05 June 2019)

Waterford Credit Union Ltd. v J & E Davy [2019] IECA 157 (05 June 2019)

The appellate court found the High Court erred by not adequately marking the seriousness of the breach of implied undertaking by Waterford's solicitors. Despite the reports being relevant and necessary, discovery should be refused to prevent Davy from suffering litigious disadvantage and to uphold the integrity of the administration of justice.

Citation
[2019] IECA 157
Parties
Plaintiff/respondent: Waterford Credit Union Limited; Defendant/appellant: J & E Davy
Jurisdiction
Ireland
Judgment Date
05 June 2019
Procedural Posture
Civil Appeal / Appeal From High Court Discovery Order
Outcome
appeal allowed
Legal Topics
Discovery, Breach of Undertaking, Confidentiality, Statute of Limitations, Fiduciary Duty, Misrepresentation
Civil Procedure Contract Law Financial Regulation Discovery Breach of Undertaking Confidentiality Statute of Limitations Fiduciary Duty +1 more

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Parties

Waterford Credit Union Limited

Plaintiff/respondent

J & E Davy

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Discovery Order

Legal Issues

  1. 1 Whether the High Court erred in ordering discovery of three categories of documents against Davy
  2. 2 Whether the trial judge properly applied principles of relevance and necessity for discovery
  3. 3 Whether the breach of implied undertaking by Waterford's solicitors should preclude discovery

Ratio Decidendi

The appellate court found the High Court erred by not adequately marking the seriousness of the breach of implied undertaking by Waterford's solicitors. Despite the reports being relevant and necessary, discovery should be refused to prevent Davy from suffering litigious disadvantage and to uphold the integrity of the administration of justice.

Court Disposition

appeal allowed

Orders

  • Order for discovery of the two ISE reports refused
  • High Court order varied accordingly