Goode Concrete -v- CRH PLC & Ors [2010] IEHC 310 (28 July 2011)

Goode Concrete -v- CRH PLC & Ors [2010] IEHC 310 (28 July 2011)

Affidavit evidence relating to alleged wrongdoing outside the pleaded period and market is inadmissible for the purpose of the security for costs motion as it is irrelevant to the issue of whether the plaintiff's inability to pay was caused by the specific alleged wrongdoing. However, such evidence is not scandalous and need not be struck from the record; it may be admissible at trial if a prima facie nexus is established.

Citation
[2010] IEHC 310
Parties
Plaintiff: Goode Concrete; Defendant: C. R. H. plc; Defendant: Roadstone Wood Limited; Defendant: Kilsaran Concrete
Jurisdiction
Ireland
Judgment Date
28 July 2011
Procedural Posture
Competition Law Civil Action / Interlocutory Applications on Security for Costs and Admissibility of Affidavit Evidence
Outcome
Objection to admissibility of affidavit evidence upheld for purposes of security for costs motion; evidence ruled inadmissible for that purpose but not struck out as scandalous.
Legal Topics
Security for Costs, Admissibility of Evidence, Scandalous Material, Cartel Conduct, Anti Competitive Behaviour
Competition Law Civil Procedure Security for Costs Admissibility of Evidence Scandalous Material Cartel Conduct Anti Competitive Behaviour

Case Brief

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Parties

Goode Concrete

Plaintiff

C. R. H. plc

Defendant

Roadstone Wood Limited

Defendant

Kilsaran Concrete

Defendant

Procedural Posture

Competition Law Civil Action / Interlocutory Applications on Security for Costs and Admissibility of Affidavit Evidence

Legal Issues

  1. 1 Whether certain affidavit evidence is admissible or scandalous in the context of a security for costs motion
  2. 2 Whether the plaintiff can resist security for costs by reference to alleged wrongdoing outside the pleaded period and market

Ratio Decidendi

Affidavit evidence relating to alleged wrongdoing outside the pleaded period and market is inadmissible for the purpose of the security for costs motion as it is irrelevant to the issue of whether the plaintiff's inability to pay was caused by the specific alleged wrongdoing. However, such evidence is not scandalous and need not be struck from the record; it may be admissible at trial if a prima facie nexus is established.

Court Disposition

Objection to admissibility of affidavit evidence upheld for purposes of security for costs motion; evidence ruled inadmissible for that purpose but not struck out as scandalous.

Orders

  • Material objected to in affidavits is ruled inadmissible for the security for costs motion.
  • No order to strike out the material as scandalous; it remains on the record.