McCabe & anor -v- Irish Life Assurance Plc & anor [2015] IEHC 254 (21 April 2015)

McCabe & anor -v- Irish Life Assurance Plc & anor [2015] IEHC 254 (21 April 2015)

It would be unfair and unjust to compel the plaintiffs to answer interrogatories regarding the deceased's medical history, as the questions do not lend themselves to simple answers and both parties have access to the same information. The facts should be established by oral evidence at trial, allowing for cross-examination.

Citation
[2015] IEHC 254
Parties
Plaintiff: Joseph McCabe; Plaintiff: Clara McCabe; Defendant: Irish Life Assurance Plc; Defendant: Danske Bank t/a National Irish Bank
Jurisdiction
Ireland
Judgment Date
21 April 2015
Procedural Posture
Interlocutory Application in Plenary Proceedings / Application for Leave to Deliver Interrogatories
Outcome
Application refused
Legal Topics
Interrogatories, Disclosure, Material Non Disclosure, Life Assurance, Pre Trial Procedure
Civil Procedure Insurance Law Interrogatories Disclosure Material Non Disclosure Life Assurance Pre Trial Procedure

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Parties

Joseph McCabe

Plaintiff

Clara McCabe

Plaintiff

Irish Life Assurance Plc

Defendant

Danske Bank t/a National Irish Bank

Defendant

Procedural Posture

Interlocutory Application in Plenary Proceedings / Application for Leave to Deliver Interrogatories

Legal Issues

  1. 1 Whether leave should be granted to the defendants to deliver interrogatories to the plaintiffs regarding the deceased's medical history in a life assurance dispute

Ratio Decidendi

It would be unfair and unjust to compel the plaintiffs to answer interrogatories regarding the deceased's medical history, as the questions do not lend themselves to simple answers and both parties have access to the same information. The facts should be established by oral evidence at trial, allowing for cross-examination.

Court Disposition

Application refused

Orders

  • Leave to issue interrogatories is refused