Somers v Cosgrave Developments (Dublin) Ltd & ors (Approved) [2020] IEHC 255 (18 May 2020)

Somers v Cosgrave Developments (Dublin) Ltd & ors (Approved) [2020] IEHC 255 (18 May 2020)

The pleadings were closed between the relevant defendants upon service of the notice of indemnity and contribution, and outstanding particulars or procedural technicalities did not bar discovery. The categories of documents sought were relevant and necessary, subject to minor adjustments.

Citation
[2020] IEHC 255
Parties
Plaintiff: Frank Somers; Defendant: Cosgrave Developments (Dublin) Limited; Defendant: Scaff Hire Limited; Defendant: John Kilbaine; Defendant: H&M Scaffolding Limited
Jurisdiction
Ireland
Judgment Date
18 May 2020
Procedural Posture
Personal Injury Action / Motion for Discovery
Outcome
Order for discovery granted
Legal Topics
Discovery, Pleadings, Indemnity and Contribution, Personal Injuries, Procedural Prematurity
Civil Procedure Personal Injury Discovery Pleadings Indemnity and Contribution Personal Injuries Procedural Prematurity

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 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Frank Somers

Plaintiff

Cosgrave Developments (Dublin) Limited

Defendant

Scaff Hire Limited

Defendant

John Kilbaine

Defendant

H&M Scaffolding Limited

Defendant

Procedural Posture

Personal Injury Action / Motion for Discovery

Legal Issues

  1. 1 Whether pleadings were closed for the purpose of discovery between defendants
  2. 2 Whether outstanding particulars bar discovery
  3. 3 Whether discovery request was premature

Ratio Decidendi

The pleadings were closed between the relevant defendants upon service of the notice of indemnity and contribution, and outstanding particulars or procedural technicalities did not bar discovery. The categories of documents sought were relevant and necessary, subject to minor adjustments.

Court Disposition

Order for discovery granted

Orders

  • First-named defendant to make discovery of documents sought, with adjustments to categories (ii) and (vi) as specified in the judgment.
  • Court to hear parties on timescale and relevant deponent.