Linfen Ltd & Ors -v- Rocca & Ors [2009] IEHC 292 (13 March 2009)

Linfen Ltd & Ors -v- Rocca & Ors [2009] IEHC 292 (13 March 2009)

Discovery against Arthur Cox is warranted in its capacity as professional adviser for categories directly relating to the issues pleaded between plaintiffs and Arthur Cox, including internal communications regarding retainers, advice on financial performance, the O'Connor dispute, and advice on remedies, but not for categories where Arthur Cox acted solely as agent or where documents are within the possession or power of other parties. Orders for discovery are limited to documents not already disclosed, and privilege may be asserted but does not bar discovery.

Citation
[2009] IEHC 292
Parties
Plaintiff: Linfen Ltd.; Plaintiff: Zeist Enterprises Ltd.; Plaintiff: The Simmons Trust Co.; Plaintiff: Kingsline Properties Ltd.; Plaintiff: Martin Simmons; Plaintiff: Charlie Sherling; Plaintiff: Vincente Alonso; Plaintiff: John Parnell; Defendant: Patrick J. Rocca; Defendant: Laura Rocca Mahony; Defendant: Bernard Rocca; Defendant: Beleton Ltd.; Defendant: Patrick N. Rocca; Defendant: Arthur Cox (A Firm); Defendant: BDO Simpson Xavier (A Firm); Defendant: National Irish Bank Ltd.
Jurisdiction
Ireland
Judgment Date
13 March 2009
Procedural Posture
Civil / Appeal From Master's Order on Discovery
Outcome
Master's order varied and expanded; discovery ordered in specified categories against Arthur Cox, limited to documents not already disclosed.
Legal Topics
Discovery, Relevance and Necessity, Conflict of Interest, Duty of Disclosure, Legal Privilege
Civil Procedure Contract Law Professional Negligence Discovery Relevance and Necessity Conflict of Interest Duty of Disclosure Legal Privilege

Case Brief

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Parties

Linfen Ltd.

Plaintiff

Zeist Enterprises Ltd.

Plaintiff

The Simmons Trust Co.

Plaintiff

Kingsline Properties Ltd.

Plaintiff

Martin Simmons

Plaintiff

Charlie Sherling

Plaintiff

Vincente Alonso

Plaintiff

John Parnell

Plaintiff

Patrick J. Rocca

Defendant

Laura Rocca Mahony

Defendant

Bernard Rocca

Defendant

Beleton Ltd.

Defendant

Patrick N. Rocca

Defendant

Arthur Cox (A Firm)

Defendant

BDO Simpson Xavier (A Firm)

Defendant

National Irish Bank Ltd.

Defendant

Procedural Posture

Civil / Appeal From Master's Order on Discovery

Legal Issues

  1. 1 Whether discovery should be ordered against Arthur Cox in its capacity as professional adviser and/or agent
  2. 2 Whether the categories of discovery ordered by the Master were sufficiently broad and necessary
  3. 3 Whether documents sought are within the possession or power of Arthur Cox or other parties

Ratio Decidendi

Discovery against Arthur Cox is warranted in its capacity as professional adviser for categories directly relating to the issues pleaded between plaintiffs and Arthur Cox, including internal communications regarding retainers, advice on financial performance, the O'Connor dispute, and advice on remedies, but not for categories where Arthur Cox acted solely as agent or where documents are within the possession or power of other parties. Orders for discovery are limited to documents not already disclosed, and privilege may be asserted but does not bar discovery.

Court Disposition

Master's order varied and expanded; discovery ordered in specified categories against Arthur Cox, limited to documents not already disclosed.

Orders

  • Arthur Cox to make discovery of internal communications regarding retainers, including emails and staff communications, relating to both plaintiffs and Rocca defendants as professional advisers.
  • Arthur Cox to make discovery of documents concerning advice to plaintiffs on alleged failure to check financial performance of Rocca companies, not limited to completion period.