Bergin & anor v Permanent TSB Plc [2018] IEHC 750 (20 December 2018)

Bergin & anor v Permanent TSB Plc [2018] IEHC 750 (20 December 2018)

The plaintiffs failed to establish the relevance of the categories of documents sought for discovery, as their requests were not tied to the issues pleaded in the statement of claim. The discovery sought was not necessary for the fair disposal of the action, and the requests amounted to fishing for documents not directly related to the plaintiffs' pleaded case.

Citation
[2018] IEHC 750
Parties
Plaintiff: Elaine Bergin; Plaintiff: Stephen Bergin; Defendant: Permanent TSB Plc
Jurisdiction
Ireland
Judgment Date
20 December 2018
Procedural Posture
Civil / Interlocutory Application for Discovery
Outcome
Plaintiffs' motion for discovery refused
Legal Topics
Discovery, Tracker Mortgages, Contractual Duties, Mortgage Litigation
Banking Law Civil Procedure Discovery Tracker Mortgages Contractual Duties Mortgage Litigation

Case Brief

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Parties

Elaine Bergin

Plaintiff

Stephen Bergin

Plaintiff

Permanent TSB Plc

Defendant

Procedural Posture

Civil / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether the categories of documents sought by the plaintiffs are relevant and necessary for the fair disposal of the action
  2. 2 Whether the plaintiffs have adequately particularised their claim to justify discovery
  3. 3 Whether the defendant owed a duty to advise the plaintiffs about the consequences of breaking a fixed rate period

Ratio Decidendi

The plaintiffs failed to establish the relevance of the categories of documents sought for discovery, as their requests were not tied to the issues pleaded in the statement of claim. The discovery sought was not necessary for the fair disposal of the action, and the requests amounted to fishing for documents not directly related to the plaintiffs' pleaded case.

Court Disposition

Plaintiffs' motion for discovery refused

Orders

  • Plaintiffs' motion for discovery is refused